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Full text of "Vindiciae contra tyrannos : a defence of liberty against tyrants, or, Of the lawful power of the prince over the people, and of the people over the prince"

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PRINCETON, N. J. 



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Presented by Mr. Samuel Agnew of Philadelphia, Pa. 



COLLECTION OF PURITAN AND 
ENGLISH THEOLOGICAL LITERATURE 




LIBRARY OF THE THEOLOGICAL SEMINARY 
PRINCETON, NEW JERSEY 



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To si 




Vindicitf contraTyrannos : 

A 

Defence of Liberty againft Tyrants. 

o R, 

Of the lawful power of the Prince over 

the Teople, and of the People over the-Trince. 
BEING 

A Treatife written in Latin and. French 

by Junius Brutus, and Tranilaced out of 
both into ENGLISH. 

Queftions difcufled in this Treatife. 

I. Whether Subjects are bound and ought to obey Princes, if they command 
that which is againft the Law of God. 

II. Whether it be lawful to re/j/i a Prince winch doth infring the Law ef 
God, or ruinc the Church, by whom, hew, and hew far it is lawful. 

III. Whether it be lawful to refft a Prince which doth opprefs or mine a 
publicly State , and how far, fuch rcjijiance may be extended, by whom, 
how, and by what Rjght, or Law it is permitted. 

I V. Wnether neighbour Princes or States may be, or are bound by Law, to 
give fuccours to the Subjects of other Princes, afflicted for the Caufe of true 
Religion, or opprejfed by manifeft Tyranny. 



%i cettfeD attt> entered accoj&mg to €>#er. 

LONDON, 
Printed for Richard Baldwin, in the Year, 1689. 



THE 

Emperors 

THEODOSIAS and VALENTINIAN 

T O 

VOLV.SIJNVS,. Great Provoft 

of the Empire. 

IT is a Thing well becoming the Ma- 
jefty of an Emperour , to acknowledge 
Himfeif bound to obey the Laws. Our 
Authority depending on the Authority of the Laws, 
and in njery Deed to fubmit the Trincipallity to 
Law, is a greater thing then to bear %ule. We 
therefore make it hiolfn unto all Men y by the 
declaration of this our EdiBjhat We do not allow 
Our fehes, or repute it Lawful, to do .any 
thing contrary to this. 

A 2 Juftin 



An Epiftle. 
Juftin m the fecond Book , [peaks thus 
of Lycurgus, Law-giVer to the Lacedemo- 
nians, He gave Laws to the Spartans which 
had not any } and was as much renowned for 
his diligent Obferving of them Himfelf as 
for his difcreet Inventing of them : For he 
made no Laws for Others, to the Obedience 
"tohireof he did not frji fuhmit Himfelf. 
Fajhioning the People to obey willingly , and 
the Trince' to GoVem uprightly. 



Th< 




(* ) 

) ': 

The firft Qucftion. 

Whether Subjetfs are hund and ought to obey Primes , if they 
command that vhich is again\\ the Law of God. 

|HIS qucftion happily may fecm at the firft view 
to be altogether fuperfluous and unprofitable, 
for that it Teems to make a doubt of an axt- 
ome always held infallible amongftChriftians, 
confirmed by many teftimonies in Holy Scripture, divers 
examples of the Hiftories of all Ages, and by the death 
of all the Holy Martyrs, for it may be well demanded 
wherefore Chriftians have endured fo many affii&ions, 
but that they were always perfwaded, that God muft be 
obeyed (imply, and abfolutely, and Kings with this ex- 
ception that they command not that which is repugnant 
to the Law of God. Otherways wherefore fhould the 
Apoftles have anfwered, that God muft rather be obey- A#. 4. 19. 
ed than men* and alfo feeing that the only will of God 
is always juft, and that of men may be, and is, often- 
times unjuft, who can doubt but that we muft always 
obey God's commandments without any exception, and 
mens ever with limitation. But for To much as there 
are many Princes in thefe days, calling themfclves 
Chriftians, which arrogantly afliime an unlimited 
power, over which God himfelf hath no command, and 
that they have no want of flatterers, which adore them 
as Gods upon earth, many others alfo, which for fear, 
or by conftrain't, either feem, or clfe do believe, thas 
Princes ought to be obeyed in all things, and by all men. 
And withal, feeing the unhappinefs of thefe times is fuqhi 
that there is nothing fo firm, certain, or pure, which is 
not fhaken, difgraced, or polluted 5 I fear me that who- 
focver (hall nearly, and throughly confider *hefe things, 
will confefs this queftion to be not only moft profitable, 
but alfo, the times confidered, rnoft neceffary. For my 
own part when I confider the caufe of the many, calami- 
ne*, wherewith Chriftendom hath been afflicted , for 

B theft 



(») 

Hof. 5. 10. j^efg | atc y ear$$ I cannot buc remember that of the Pro- 
phet Ho[ea> the Princes of Judah were % them that re 

move the bounds : therefore I will powre out my [elf likg 
water. Ephraim is oppreffed, and broken in judgment, be- 
cause he Mingly walked after the Commandments. Here 
you fee the fin of the Princes, and people difperfed in 
thefe two words. The Princes exceed their bounds, not 
contenting themfelves with that Authority which the 
Almighty, and all good God hath given them, butfeek 
to uiurp that fovereignty , which he hath refervea* to 
himfclf over all men, being not content to command 
the Bodies^ and goods of their Subjects at their pleafure, 
but aflfume lica^cc to themfelves to inforce the Confciences* 
, tfhkh appertains chiefly to JefusChrift, holding the earth 
not great enough for their ambition, they will climb 
and conquer Heaven it fclf. The people on the other fide 
walks after the commandment, when they ycild to the 
defire of Princes, who command them that which is a- 
gainft the Law of God, and as it were burn incenfe to, 
and adore thefe earthy Gods 5 and inftead of refitting 
them, if they have means and occafion , fuffer them to 
ufurp the place of God, making no confcicnce to give 
that to Cf/Vj which belongs properly and only to God. 
Now is there any man that fees not this, if a man dif- 
Cfoey a Prince commanding that which is wicked and 
Oftiawful, he ihall prcfently. be efteemed a Rebel, a 
1fcaytor,&nd guilty of High Treafon, our Saviour Chrift, 
Ezra. 4. ^ Apoftlcs and all the Chriftians of the Primitive 
Nehe. 5. 7. Ctfciroh were charged with thefe Calumnies. If any after 
«he example of Ezra, &nd Nehemiah, difpofe himfclf to 
thfcfbuifehng of the Temple of the Lord, it will be faid 
hiPHlpires to the Grown, hatches innovations, and fecks 
ihe v nine of the State, then vou (hall prefently fee a mil- 
lion of thefe Minniohs, and flatterers of Princes tickling 
tfeeir ears with an opinion, that if they once fuffer this 
T-e^plcto be're-builded, tnev may bid their Kingdom 
fefewe!, andfiever loofctoraife import or taxes on thefe 
itt&h But what a madnefs is this ? There are noErtates 
lAiali^hght'tdbeetemt'd firm and fable, but thofe 
»!:-. in 



(3 ) 
in whom the Temple of God is built, and which arc ir£ 
deed the Temple it felf, and thefe we may truly call 
Kings, which reign with God,feeing that it is by him only 
that Kings reign: On the contrary what beaftly foolilhnefs 
it is to think, that the State and Kingdom cannot fubfift 
if God Almighty be not excluded, and his Temple de- 
molished. From hence proceeds fo many Tyrannous 
enterprifes, unhappy and tragick death of Kings, and 
ruines of people. If thefe Sicophants knew what difference 
there is. between God and C<*far, betwren the King of 
Kings, and a fimple King, between the TLord, and the 
Vaflal, and what tributs this Lord requires of his Sub- 
je£ts, and what Authority he gives to Kings over thofe 
his Subje&s, certainly fo many Princes would not ftrive 
to trouble the Kingdom of God, and we fhould not fee 
fome of them precipitated from their Thrones by the 
juft inftigation of the Almighty, revenging himfelf of 
them, in the midft of their greateft Strength* and the peo- 
ple fhould not be fo fack*t and pillag'd, and troden down. t 

It then belongs to Princes to know how far they may 
extend their Authority, and^ to Subjects in what they 
may obey them, left the one incroaching on that jurit 
diction, which no way belongs to them_, and the others 
obeying him which commandeth further then he ought, 
they be both chaftifed, when they ftall give an account 
thereof before another Judge : Now the end and (cope of 
the queftion propounded, whereof the Holy Scripture 
fhall principally give the refolution, is that which fqjlow- 
eth. The queftion is, if Subjects be bound to obey Kings, 
in cafe they command that which is againft the Law of 
God : that is to fay, to which of the two (God or the King) 
muft we rather obey, when the queftion fhall be refolved 
concerning the King, to whom is attributed abfolute 
power, that concerning other Magiftratcs (hall be alfb 
determined. 

Firft, the Holy Scripture doth teach, that God reigns 
by his own proper Authority, and Kings by derivation, Pror.ft 
God from himfelf, Kings from God, that God hath a Job 12. 
jurtfdi&ion proper, Kings are his delegates : It follows Wifd.tf. j. 

B 2 then, 



(4) 
then, that the jutifdi-ftion of God hath no limits, that o f 
Kings bounded, that the power of God is infinite, that of 
Kings confinVi, that the Kingdonvof God extends it felf 
to all places, that of King? is reltrain'd within the confines 
of certain Countries : In like manner God hath created 
of nothing both Heaven and Earth ; wherefore by good 
right he isLord^ and true Proprietor, both of the. one, 

• and the other .• All the Inhabitants of the Earth hold of 

him that which they have, and are but his tenants, 
and farmers vail the Princes and Governors of the 
World are his^itipendaries and vaffals, and are bound 
to take and acknowledge their inveftitures from him. 
Briefly, God alone is the owner and Lord, and all 
men of what degree, or quality foever they be, are his 
lervants, farmers, officers and vatTals, and owe account 
and acknowledgment to him, according to that which 
he hath committed to their difpenfation, the higher 
their place is, the greater their account mult be, and ac- 
cording to the ranks whereunto G^d hath raifedthem a 
muft they make their reckoning before his divine Ma- 
}efty,which the Holy Scripture 'eacheth in infinite places, 
and all the faithful,- yea, and the wifeft amon^ the 
Heathen have ever acknowledged : The earth is the 

Pfaf. 14. Lords, and the fulnefs thereof, (fo faith King David) 
And to the end that men fliould not Sacrifice to their 
own induftry; the Earth yeilds no increafe -vithoutthe 
dew of Heaven .• Wherefore God commanded that his 
peoole ftiould offer unto him thefirft of their fruits, and 
the Heathens themfelves hath confecrated the fame un- 
to their Gods to the end, that God might be acknow- 

ifay. 66. 1. ledged Lord, and they his grangers and vine drefiersj 

1 Kings 1. 8. the Heaven is the Throne of the Lord, and the Earth his 
Foot-ftool.And therefore feeing all the Kings of the World 
are under his Feet-, it is no marvail, ii God be called the 
King of Kings,and Lord of Lords ; all Kings be termed his 

™>v. 8. 1$. ^4j n {fttrs eftabliftied to judge rightly, and govern juftty 

Job i2. 18. the World in the quality of Livetenants. By me (fo 
; fajth the divine Wifdom) Kings reign, and the Princes 

Dan. 2. Ji. judge the earth ; If they do k not he loofeth the Bonds 
of Kings, andgrideth their Loyns with a girdle. As if 

he 



Or,) 

he Qiould fay, it is in my power to eftablilh Kings in 
their Thrones, or- to thruft them out, and from that 
occadon the Throne of Kings is tailed the Throne of 
God. BlefTed be the Lord thy God (faith the Queen 'of 2Chron#9>8t 
Sheba to King Solomon) which delighted in thee to fct 
. thee on his T hronc to be King for the Lord thy God,to do 
judgment and jullicc. In like manner we read in another 
place, that Solomon fate on the Throne of the Lord, or 2 Chron. 29. 
on die Throne of the Lords Kingdom. By the fame l ^ zm 9 lCm 
reafon the People is always called the L«rds People, and ant j ,^ t \ 
the Lords inheritance, and the Kings Governor of this in- 
heritance, and Condu£tor or Leader of his People of God, 
which is the title given to David, to Solomon, to Ezechiai 2 Sam. 6. 21. 
and toother good Princes \ when alio the Covenant is 2Kings2o, 5. 
pafled betwixt God and the King, it is upon condition 2 Chron. 1.9. 
that the People b:, and remain always the people of £ Chron! f 3 3. 
God, to fhew that God will not in any cafe defpoil him- x ^ t 
felf of his propriety and poikflion, when he gives to 
Kings the government of the People, but efrablifh them 
to take charge of, and well ufe them, no more nor lefs 
then he which makes choife of a Shepheard to look to his 
flocks., remains not with (landing himfelfftill Mailer and 
owner of them. This was always known to thofegood 2 Chron. 20. 
Kings, David, Solomon, Jebofapbat, and others which 6 > 
acknowledged God to be the Lord of their Kingdoms 
and Nations, and yet loft no priviledge that juftly be- ', 
longs to real power ; yea, tUfy reigned much more hap- 
pily in that they employed them felves chear fully in the 
fervice of Goo 1 ? and 'in obedience to his Command- 
ments. 'Nebuchadnezzar, although he were a Heathen, Dan. 2. 37. 
and a mighty Emperor, did yet at the end acknowledge and 4. 14. 
this, for though Daniel called him the King of Kings, 
to whom the King of Heaven had granted power . and 
Royal Majefly above all others : Yet on the contrary, 
(faid he) Thy GodO Daniel is truly the God of Gods, and 
Lord of Lords giving Kingdoms to whom he fleafeth, yea, 
to the mod wretched of the World. For which caufe 
Zenephonhid at the Coronation of Cyrus ; let us facrifice 
to God And prophane Writers in many places do 

magnifle 



r<5> 

magnifie God the moft mighty and Sovereign King r 
At this day at the inaugurating of Kings, and Chrifti- 
an Princes, they are called the Servants of God, defti- 
nated to goverffhis people. Seeing then that Kings are 
only the Leiutenants of God, eftablifhed in the T hronc 
of God, by the Lord God himfelf, and the ocoplc arc 
the people of God, and that the honour which is done 
to thefe Leiutenants proceeds from the reverence which 
1$ born to thofe, that fent them to this fcrvice : it fol- 
lows of necefficy that Kings muft be obeyed for Gods 
caufe, and not againft God, and then, when they fervc 
Divifum im- and obey God,and not other wavs.lt may be that the flat- 

T eriU c^r m ccrcrsof the Court wil1 **&* that God hath reiigned 
habet ** nis P owcr unt0 Kings, relcrving Heaven tor himfelf, 
and allowing the Earth to them to Reign, and govern 
there according to their own fancies; briefly that the 
great ones of the World hold a devided Empire with 
God himfelf. Behold a difcourfe proper enough for 
that impudent Villain Cleon the Sicophant of Alexander, 
or for the Poet Martial which was not afhamed to call 
the Edicts of Domitian, the Ordinances of the Lord 
God. This difcourfe I fay is worthy of that execrable 
Domitian who fas Suetonius recites) would be called 
God and Lord •• But altogether unworthy of the ears 
of a Chrifh'an Prince, and of the mouth of good Sub- 
je£fs, that fentence of God Almighty muft always re- 
lfa. 48.11. ^ main irrevocably true, W/7/ not give my glory to any 
other, that is, no Man fhall have fuch abfolute Au- 
thority, but I will always remain 'Sovereign. God 
doth not at any time divert himfelf of his power, he 
holds a Scepter in one hand roreprefs and quell the au- 
datious boldnefs of thofe Princes which mutiny againft 
him, and in the other a ballance to controul tnofe that 
pfel. 2. 9. adminifter not juftice with equity as they ought, then 
Wife]. 6.4. thefe there cannot be cxprelTed more certain marks of 
fovcrcign Command. And if the Emf>cr6*r in creating 
a King, reierves always to himfelf the imperial fovc- 
raignty, or a King as he of France fa granting the Go- 
vernment or pofleflion of a Province to -a ftraflger, or 

if 



( 7) 
if it be to his Brother or Son refer ves always t« him- 
felf appeals, and the knowledg of fuch things as are the 
marks of royalty and fovcrcignty, the which alfo are 
always underftood of themfelves to be excepted, al- 
though they were altogether omitted in the grant of 
kweftiture, and fealty promifed, with much more rca- 
fbn (hould God have Sovereign Power and Command 
over all Kings being his Servants and Officers, feeingy 
we read, in fo many places of Scripture, that he will' 
call them to an account, and punifti them, i( they do 
not faithfully difcharge their duties. Then therefore 
all Kings arc the VaiTals of the King of Kings, inverted 
into their Office by the fword, which is the cognifance 
of their Royal Authority, to the end, that with the 
fword they maintain the Law of God, defend the good, 
and punifli the evil: Even as we commonly fee, that he 
which is a Sovereign Lord, puts his VaiTals into poflefli- 
on of their fee, by girding them wiih a fword, deliver- 
ing them a buckler, and a ftandard, with condition 
that they (hall fight for them with thole Arms if oc- 
cafion (hall ferve. Now if we confidcr what is the 
duty of Vaflals, we (hall -find that what may be faid 
of them, agrees properly to Kings* The Vaflal re- 
ceives his fee of his Lord with right of juftice, and 
charge to ferve him in his Wars. The King is efta- x Sam. 8. and 
bli&ed by the Lord God, the King of Kings ; to the 920.' 
end he fliould adminifter juftice to his people and de- 
fend them againft all their .Enemies. The Vaflal re- 
ceives Laws and Conditions from his Sovereign .• .God 
Commands the King to obferve his Laws and to have 
them always before his Eyes, promiiing that he and 
his SucceiTors (hall poflefs long the Kingdom, if^they 
be obedient, and on the contrary, that their Reign (hall 
be of fmall continuance, if they p :ove Rebellious to 
their Sovereign King. The Vaflal obligsth himfelf by 
O^th unto his Lord, and fwearsjhat he will be faith- 
ful, and obedient .- In like manner the King promifeth 
folemnly to command, according to the exprefs Law of 
God. Briefly the Vaflal loofeth his fee 3 if he Com- Deu. 17. ;$>,. 

mit 



( 8) 

uiic Fellony, and by Law forfeited! all his Priviledges* 
In the like cafe the King loofeth his Right, and many 
times his Realm alio, it he defpife God, if he Com- 
plex with his Enemies, and if he Commit Fellony a- 
gainft that Royal Majefty, this will appear more clear- 
ly by the conuderation of the Covenant which is Con- 
tracted between God and the King, for God does that 
honour to his Servants to call them his Confederates. 
Now we read of two forts of Covenants at the Inau- 
gurating ot Kings, the firfl between God, the King, 
and the People, that the people might be the people 
of God: The fecond between the King and the people, 
that the people (hall obey faithfully, and the King 
command juftly, we will treat hereafter of the fecond, 
and now fpeak of" the firfl:. * 

When King Joas was Crowned we read that a Cove- 
The Alliance nant was Contracted between God, the King, and the 
between God People.- or, as it is faid in another place between Jeho- 
and the Kings. j ada tne High-Prieft, all the People, and the King, 
2 chro.2V.16. That God fbould be their Lord. In like manner we read 
2 King 23'. ' that Jofias and all the people entred into Covenants 
with the Lord; we may gather from thefe teftimonies, 
that in palling thefe Covenants the High-Prieft did Co- 
venant in the Name of God in exprefs terms, that the 
King and the People fhould take order that God might 
be lerved purely, and according to his will, through- 
out the whole Kingdom of 7/ak, that the King fhould 
lo Reign that the People were fuffcred to fervc God, 
and held in obedience to his Law : That the people 
fhould fo obey the King, as their- obedience fhould 
have principal Relation to God. It appears by this that 
the King and the People are joyndy bound by promife 
and «lid oblige themfelves by folemn Oath to ferve God 
before all things. And indeed prefently after they had 
fworn the Covenant, Jofias and Jom did ruinc the I- 
dolatry of Baal and re-eftali(hcd the pure fervice of 
God. The principal points of the Covenants were chief- 
ly thefe. 

tfiat 



( 9 ) 

That the King himfclf, and ali the people fhould be 
careful to honour and fcrve God according to his will 
revealed in his word, which it they performed, God 
would affift and preferve their Effaces r as in doing the 
contrary, he would abandon, and exterminate them, 
which doth plainly appear by the conferring of divers 
paflages ot holy writ. Mofes fomewhat before his D - Ut - 2 9- 3°- 
death propounds thefe conditions of Covenant to ali j* 1, „ tf 

the people, and at the fame time commands that the 
Law, which be thofe precepts given by the Lord 
fhould be in depofito kept in the Ark of the Covenant. 
After the deccafe of Mofes, Jojkua was eftabliled Cap- Jolh. i. 
tain, and Conductor of the people of God, and ac- 
cording as the Lord himfelf admonifhed, ii he would 
have happy fuccefs in his Affairs, he fhould not in any Deut. 27. 2$. 
fort eftrange himfelf from the Law; Jofhua alfo br J oi; 5- & 2 4- 
his part, deflring to make the Israelites underftand upen 
what condition God had given them the Country of 
Canaan^ as foon as they were entred into it, after due 
facrifices performed, he read the Law in the prefence 
of all the people, promifing unto them in the Lords 
name all good things if they perfifted in obedience; 
and threatning of all evil if they wilfully connived in 
difobedience. Summarily, he allures them all profpe- 
rity, if they obferved the Law \ as otherways, he ex- 
prefly declared, that in doing the contrary they fhould 
be utterly ruined : Alfo at all fuch times as they left 
the fervice of God, they were delivered into the hands 
of the Canaanites^ and reduced into flavery, under 
their Tyranny. Now this Covenant between God and 
the people in the times of the Judges, had vigor alfo 
in the times of the Kings, and was treated with them. 
Afcer that Saul had been anovnted, chofen, and wholly 
eftabliihed King, Samuel fpeaks unto the people in thefe 2 Sam. 12. 
terms ; Behold the King whom you have demanded and 
chojen^ God hath ejtablifhed him King over yo:t, obey 
you therefore ani ferve the Lord, as rrell you, as your King 
which is efiablifhed over yon, otkerrvife yon and your Ising ' 
fhall perifh. As if he fhould fay, you would have a 
King and God hath given you this here, notwithflanding 

C think 



( io) 

think not that God will fufTer any entroachment upon 
his right, biit'know that the King is as well bound to 
obferve the Law as you, and if he fail therein, iv.s de- 
linquency (hall be punilhed as feverely as yours: Briefly, 
according to your defires Saul is given you for your 
King, to lead you in the Wars, but with this conditi- 
on annexed that he himfclf follow the Law of God. 
Ve^vz. 2 ' 4 ' After that $ au l was rejected, becaufe he kept not his 
pwrpmife, David was eihblifhcd King on the lame con- 
dition, fo alfo was his Son Solomon, for the Lord laid, 
If thou keep my Law, I will confirm with thee the Covenant 
which 1 contracted with David. Now concerning this 
Covenanr, it is inferred into the fecond Book of the 

Chronicles, as followech. There fhall not fail thee a mayi 
2Chron.6.i6 j n my 0^ u jft tJ p n jj£ f^.^ e f jj rae J . yet f t f Mt 

2 King. '3 3.2. &y children t.il{e heed to their way to wall^ in my Law, as 
Deut.x7.18. thou haft walled leforeme, But if they ferve idols, I wilt 
1 Sam. 10. 25. drive them from the Land whereof I have given them 
pjfeffion. And therefore- it was that the book o. c the Law 
was called the book of the Covenant of the Lord, ( who 
commanded the Priells to give it the Kingj according 
to which Samuel put it into the hands of Saul, and 
according to the tenure thereof Jofia* yields himfelf 
fcedetarie and vallal of the Lord. Alfo the Law which 
is kept in the Ark, is called the Covenant of the Lord 
2Chron.6.n. with the Children of Ifrael, Finally, the people de- 
Nehem. 9.38. livered from the Captivity of Babylon, do renew the 
Covenant with God, and do acknowledge throughout 
that Chapter, that they worthilv deferved all thofc 
puniuhments for their falfrying their promife to God. 
It appears then that the Kings fwear as vailals to ob- 
ferve the Law of God, whom they confefs to be So- 
vereign Lord over all. Now according to that which 
we have already touched, if they violate their Oath r 
and tranfgrefs the Law, we fay that they have loft their 
Kingdom, as vaflals loofe their fee by Committing Fel- 
lony. We have (aid that there was the fame covenant 
fad. 2. 24.8c 4. between God and the Kin^s of Judah, as before^ be- 
2.&c. &9*. 33! twecn Gcd and the People in the times of Joftta and 
1 Sam. 1 3. 13. the Judges. But we fee in many places, that when thd 
ft »5* 26. people 



(II) 

people hath defpifed the Law, or made covenants with 
Baal, God hath delivered them into the hands of Eglon, 
Jabin, and other Kings of the Camaniui : And as it is 
one and the fame Covenant, fo thole which do break 
it, receive" like punifhment Saul is fo audacious to fa- 
crifice, infringing thereby the Law of God, and pt efent- 
\y after faves the life of Agag, King oi the Amahkjtes, 
againft the exprefs Commandment of God, for this 
occafion he is called Rebel by Samuel, and finally is 
chaftized for his Rebellion. T'bou hafl jacrificed, faith 
be, but thou hadji done better to obey God, for, obedience 
is more worthy than jacrifice. Thou haft neglected the 
Lord thy God, he alfo hath rejected thee, that thou 
Reign no more over Ifrael. This hath been fo certainly 
obferved by the Lord, that the very Children of Saul 
were deprived of their paternal inheritance, for that he 
having committed High Treafon, did thereby incur the 
punifhment of Tirants, which affect a Kingdom that no 
way appertains unto them. And not only the Kings, 
but alfo their Children and fuccefTors have been de- 
prived of the Kingdom by reafon of fuch Fellony. Solo- 
mon revolted from God to Worfhip Idols. Incontinently 
the Prophet Abijab foretels that the Kingdom fhall be 
divided under his Son Rehoboam. Finally, the word of 
the Lord is accompli&ed, and ten Tribes which made 
the greateft portion of die Kingdom, do quit Rehohoam^ 
and adhere to Jeroboamhis Servant. Wherefore is this ? 
for fo much (faith the LordJ that they have left me to 
go after. Aft -roc be, the God of the Sidomam and Cbamos 
the God of ihe-Moabitei, istc. I will alfo break in pieces 
their Kingdom ; as if he fhould fay, they have violated 
the Covenant, and have not kept prom'fe, I am no 
more then tied unto therm, they will leflen my Majefty, 
and I will lefTen their Kingdom : Although they be my 
Servants, yet notwithftanding they will expel me my 
Kingdom 5 but I will drive them out themfclves by 
Jevoboam which is their Servant. Furthermore, for 
fo much as this Servant , fearing that the ten 
Tribes for the caufe of Religion fhould return to Jeru- 

C a [akm 



{dem, ret up Calves in Bethel^ and made Ifrael to fin, 
withdrawing by this means the people far from God, 
what was the punifhment of fo ingrateful a VaiTal and 
wicked Traytor towards his Lord ? Firft, his Son died, 
and in the end all his race, even unto the laft of the 
males was taken frcm the Face of the Earth bv the 
Sword of Bjafa, according to the Judgment which was. 
pronounced againlt him by the Prophet, becaufe he re- 
volted trom the obedience of the Lord God : this then 
is caufc fufficjent, and often times alfo propounded, for 
the which God doth take from the King his Fee, when 
he oppolet-h the Law of God, and withdraws himfelf 
from him 10 follow his Enemies, to wit Idols t and as 
like crimes deferve like puniihments, we read in the 
Holy Hiftories that Kings of Ifrael and of Juda which 
have fo far forgotten themlelves, have in the end miier- 
ably perifhed. Now. although the form both of the 
Church, and the Jemjh Kingdom be changed, for that 
which was before inelofed within the narrow bounds of 
Jadea, is now dilated throughout the wdiole World, 
notwithftanding the fame, things may be (aid of Chri- 
ftian Kings, the Gofpel having lucceeded the Law, and, 
Chriftian. Princes being in the place of thofe of Jury .- 
There is the fame Covenant, the fame Conditions* 
the fame Punifhments, and if they fail in the accompliih- 
ing, the fame God Almighty revenger of all perfidious 
difloyalty ; and as the former were bound to keep the 
Law, fo the other are obliged to adhere to the Doctrin 
of the Gofpel, for the advancement whereof thefc Kings 
at their anoynting, and receiving, do promiie to imploy 
the utmoft of their means. 

Herod fearing Chrift , whofe reign he fhould rather 
havedeiircd, fought to put him to death, as if he had 
afle&ed a Kingdom in this World,did himfelf miferably 
perifh, and loft his Kingdom. Julian the Apoftate 
did caft off Chrift Jefus to cleave unto the Impiety 
and Idolatry of the Pagans .- but within a fraall 
time after he fell to his confufion , the force of the 
Arm of Chrift , whom in mockery he called the 

Gallikan. 



( i3 ) 
GattikiiH. Anticnt Hiftories are repleat with iuch ex: 
amplcs, neither is there any want in thofe of thefe 
times. Of late years divers Kings drunk with the li- 
quor which the Whore of Babilon hath presented unto 
them, have taken Arms, and for the love of the V\ olf, 
and of Antichritr, have made War againil the 'Lamb 
of God, which is Chrift Jeius, and yet at this day iome 
anaongft them do continue in the lame ceuife } we have 
fcen feme ot them ruin'd in the deed, and in the midft 
of their wickednefs , ethers alfo carried from their 
Triumphs to rheir graves, thofe which -futvive jggd fol- 
low them in their courfes have little reafcxi to expect a 
better iflue oi their wicked practices, rhis femence re- 
mains always moft cerrain, That though all the Kings c/pf a i. 2. 2. 
the Earth ao conjure and confpire againfl Chrifi ana m- pfal. no. 2- 
deavo.rr to cut in fleets our Lamb, yet in the end they Shall A poo 19* l6 - 
yeild the flace, and waugre their hearts , confefs that this 
Lamh is the King of Kings , and Lord of Lor as- But what 
ftall we fay of the Heathen Kings? Certainly although 
th(y be not anointed and facrcd of God, yet be they his 
Valfals and have received their power ircm him, 
whether they be chofen by let or any other means what- 
foever. If they have been chofen by the voices of an 
Aflembly, we lay that God governs the heart cf man, 
znJ addtefTes the minds, and intentions of all pet fens . 
whether he pleafeth : If it be by lot, the lot is call in the 
lap, faith the wife man, but the rr hole diffofing thereof 14 ro# l6 
of the Lord. It is God only that in all ages eifablifheth, 
and takes away, confirms, and overthrows Kings ac- 
cording to his good pleafure; In which regard If ay calls 
Cyrus the anointed of the Lord, and Daniel faith that E f a - ^ lm 
Ntbuhadneza*- and others have bad their Kingdoms com- Dan.2.2i.and 
mitred unto rhem by God ; as alfo Saint Paul maintains 4- 24- 
that all Magiflrates have received their .Authority from Kom > I3 * *' 
him: For although that God hath not commanded 
Pagans in eyprefs terms to obey him as he hath done 
thofe that have knowledge of him ; yet notwithftanding ' 
the Pagan; muff needs confefs that it is by thefbvereign 
God that they reign, wherefore if they will nor yeild 

the 



C H) 
the tribute that they owe to God in regard of themfelves, 
at the lead let them not attempt nor hinder the Sovereign 
to gather that which is due from thofe people which 
are in lubje&ion to them ; nor that they do not antici- 
pate, nor appropriate to themfelves divine Jurifdi&ion 
over fhem, which is the crime of High Treafon and 
true Tyranny, for which occafion the Lord hath 
grievoafly punifhed even the Tagan Kings themfelves. It 
then becomes thofe Princes that will free themfelves from 
fo enormous a mifchief, carefully to diitinguifh their 
jurifdiftion from that of Gods, vea, fo much the more 
cfrcumfpe£tly-for that God and the Prince have their 
right of Authority over one and the fame Land,over one 
and the fame man, ever one and the fame thing ^ man is 
compofed of Body and Soul, God hath formed the 
Body and infufed the Soul into him, to him only then 
may be attributed, and appropriated the commands 
both over the Body and Soul of man. If out of his 
rneer grace and favour he hath permitted Kings to 
employ both the Bodies and goods of their Subjeds, 
yet (till with this provifo and charge, that they perferve 
and defend their Subjects ; certainly Kings ought to 
think that the ufe of this Authority is in fuch manner 
permitted, that notwithstanding the abufeof it isabfo- 
lutely forbidden : Firfl:, thofe which confefs that they 
hold their Souls and lives of God, as they ought to 
acknowledge, they have then no right to impofe any 
tribute upon Souls. The King takes tribute and cuftom 
of the Bcidy, and of fuch things as areacquired or gained 
by the induflry and Travel of the Body, God doth 
principally cxa^t his right from the Soul, which alfo in 
part executes her functions by the Body. In the tribute 
of the King are comprehended the Fruits of the Earth, 
the contributions cf money, and other charges, both 
real arid perfonal; the tribute of God is in Prayers, Sa- 
Cramer^ Predications of the pure word .of God ; briefly 
all that which is called divine fcrvice, as well private as 
publick; thefe two tributes are in fuch manner divers 
-anddiltinguifhed, that the one hurts nothing the other, 

the 



( 15) 

the Exchequer of God takes nothing from that otCffar, 
but each of them have their right mamfcftly a parr. 
But to fpeak in a word, whoibever confounds thefe 
things, doth Heaven and Earth together, and endea- 
vours to reduce rhem into their filft chaos, or latter con- i Chron. 26. 
fufion. David hath excellently well dlftinguifhed thefe 2 9- 
affairs, ordaining CrTccrs to lock to the right of God, ^ Chron. 19. 
and others for that of the King. Joj'efhat hath followed 
the lame courfe, cftabiiffiing certain per ions tojudgthc 
caufes that belonged to the Almighty, and ethers to 
look to the juftice cfthe Kings the one to maintain the 
pure fe;vicc of God, the other to preferve the rights of 
the King. But if a Prince ufurpe the right of God, and 
put himielf forward after the manner of the Giants to 
feale the Heavens, he is no lefs guilty of High Treafon 
to his Sovereign, and commits Feiony in the fame man- 
ner, as if one of his vafTals fhould ieize on the rights of 
his Crcwn, and puts himfelf into evident danger to be 
difpoiled of his Eftatcs, and that fo much the more 
jufily, there being no proportion between God and an 
earthly King, between the Almighty and a mortal man? 
whereas yet between the Lord and the VafTel there is 
fome relation of proportion. So often therefore as any 
Prince (hall fo much forget himfeif, as infolcntly to (ay 
in his heart I will alcend into Heaven, I will exalt my 
Tyrone above the Stars cf God : I will fit alio upon 
the mount of the congregation in the fides of the North ; 
I will afcer.d above the heights of the Clouds, Iwili be 
Jikethe mofl high. But on the contrary, will the A1- Efa i v 14 * | 3« 
mighty fay I will rife up more high , 1 will fet my felf I4 ' 
againft thee ; 1 will raze out thy name and all thy po- 
fterity, thy comrels (hall vanifli into fmoak , but that _ 
which I have once determined (hall remain firm, and ne- 8 f& Ct 5 * aiu 
ver be annihilated. The Lord faid unto Pharaoh, let my 
feofle go, that they may femx me, and offer jacrifice unto 
vie, and for that this proud mananiV.ered, thet he knew 
not the God of the Hebrtm , pr'efently after he was mi- Dan# , . and 
ferably deftroyed. Nebuchadnezzar commanded that his 4.25/&C. 
ftatue fhould be anored,and would be honoured as God, 

but 



but within a fhort time the true God did defervediy ch&- 
ftife his unruly boldnefs, and defiling to be accounted 
God, he became a brute beaft, wandring through de- 
Dan, 5. 2. fart places like a wild Afs, until (faith the Prophet)that 
he acknowledged the God of Ifraelzo be the Soveraign 
Lord over all, his Son Beljbafer abufedthe holy vcilels 
of the Temple in Jerujalm , and put them to ferve his 
excefsand drunkennefs ; for that therefore he gave not 
glory to him , that held in his hands both his Soul and 
his counfels , he joft his Kingdom, and was {lain in that 
very night of his feaftirg. Alexander theGreat 3 tookplea- 
furein t he lies of his Flatterers, who termed him the 
Son of y«/w«",and not only approv'd, but prccurVl his 
adoration, but a fudden death gave a fad Period to thofc 
1 Macha. 1. triumphs, being blinded through his excefs of conquefls 
45- began with too much affctlion , to delight in Amtochus, 

under colour of pacifying and uniting his fuhjeds, com- 
manded all men to forlake the Laws ot Gcd , and to 
apply thcmfeSvcs in obedience to his; he prophaned the 
Temple of the Jews , and polluted their Altai s, but after 
divers ruins,defeats and lofs of battles, difpoyled and di(- 
Mac. 6.12,13. graced, he dyes with grief, confeiling that he defervediy 
fuffered thole miferies, becaufe he would have conftrai- 
ned the Jews to leave their Religion. If we take into 
our confederation the death of Nifra, that ii human But- 
cherer of Chrifh'an$,whom he.nr.juftly fiandercd witltthc 
firing of Row^being the abhorred A&L of his dcteftcd 
felf. The end of Caligula^ which made himfclf to be 
adored, of Domitian which would be called Lord and 
God, of Cwimodus, and divers others which w< uld ap- 
propriate to themfelves the honours due to God alone, 
we fliall find that they have all and always according to 
their deceits milerably pet ifhed ; when on the contrary, 
Trajan, Adrian, Antonio* the courteous and others, have 
hnifhed their days in peace ; for although they knew m t 
the true God , yet have they permitted the Chriftians 
the exercifcof their Religion. Briefly even as thofc re- 
bellious Vaflals which endeavour to polTefs themfelves of 
the Kingdom , do commit Felony by the Teftimony of 

all 



( i7) 
all Laws, and dcfcrvc to be extirpated •, in like manner 
thofe are as really guilty which will not bbferve the 
Divine Law, whereunto all men without exception owe 
their obedience, or which per fecutc thofe that defire to 
conform thcmfelves thereunto, without, hearing them 
in their jufl defences ; now for that we fee that God in- 
verts Kings into their Kingdoms, almoft in the fame 
manner that vafTals are invaded into their fees by 
their Soveraign, we muft needs conclude, that Kings are 
the vafTals ot God, and deferve to be deprived of the 
benefit they receive from their Lord if they commit 
Felony, in the fame fafhion as rebellious vafTals are of 
their Effaces. 1 hefe premifes being allowed , this 
queftion may be eafily refolved ; for if God hold the 
place of Soveraign Lord, and the King as Vaflal: who 
dare deny but that we muft rather obey the Soveraign 
than the VaiTal ? It God commands one thing, and the 
King commands the contrary, what is that proud man 
that would term him a Rebel which refufcth to obey the 
King , when elfe he muftdifobey God. But on the con- 
trary he fhould rather be condemned, and held for truly 
rebellious, which omits to obey God, or which will obey 
theKing,when he forbids himto yeild Obedience toGod. 
Briefly, i(. God calls us on the one fide to enrole us in his ^ 

Service, and the King on the other, is any man fo void 
of reafon as he will not fay we muft leave the King,and 
apply our felves to Gods Service : fo far be it from us to 
believe, that we are bound to obey a King, command- 
ing any thing contrary to the Law of God, thatcontra- 
rily in obeying him we become Rebels toGod -,no more, 
nor lefs than we would efteem a Countrey-man a Rebel, 
which for the Love he bears to fome rich and antientin- 
feriour Lord , would bear Arms againft the Soveraign 
Prince, cr which had rather obey the Writs of an Inte- 
rior Judg than of a Superior , the Commandments of 
a Lieutenant, of a Province, than of a Prince ; to be 
brief,the Directions of an Officer rather than the exprefs 
Ordinances of the King himfelf. In doing this we juft- 
ly incur the malediction of the Prophet Micb.i , which Mich. 6. is. 
doth deteft and curfe in the name of God all thofe 

D which 



r 18 ) 

which obey the wicked and perverfeOrdinances ofKings. 
By the Law of Gad we uncierflaod the two Tables given 
jo Mofes, in the which, as in unremoveable bounds the 
authority of all Princes ought to be fixed.The fir{t com- 
prehends that which we owe to God, the fecond thac 
wh'ch we mui'tdo to our Neighbours; briefly ,chev con- 
tain Piety and Jufticc conjoyned with Charity, Irom 
which the Preaching oi : the Gofpel roth not derogate, 
but- rather authorize avid confirm.- The fvrfc Tablets c- 
fccned the Principal, as well in order a? in dignity, it 
the Prince commands to cut the throat of an innoccnr, 
to pillage and commit extonhn, there is no man (provi- 
ded he have Torn e feeling of Conscience) that would ex- 
ecute fuch a Commandment. If the Prince have com- 
mitted fome Crime, as Adultery. Parracide, or ibme o- 
thcr wickednefs, benold amonnu the H^httytfoi&t- 
vedLa.vyer Papinian which will reprove Carac.illa to his 
{ace,andhad rather dyz than obey, when his cruelPrince 
commands him to lie and palliate his Offence 5 nay } al- 
though he threaten him with a terrible death, yet would 
he not bear falfe witnefs •, what (hall we then do, if the 
Prince command us to be Idolaters , if he would have us 
again crucifte Chrifl Jefus, if heenjoyns to blalpheme 
and dcipite God, and to drive him it were poffiblc) 
out of Heaven, is there not yet rmrereafon to difobey 
him, than to yield obedience to fuch extravagant com- 
mands: Yet a little farther, feeing it is not fuflkicntto 
abftain from evil, but that we muft do good, inftcad of 
worshipping of Idols, we muft adore and ferve the true 
God, according as he hath commanded us, and inftead 
of bending our knees before Baal, we muft render to the 
Lord the honour and fervice which he requires of us : 
For we are bound to ferve Gvd for his own lake only ; 
but we honour our Prince, and love our Neighbour, be- 
caufe and foe the Love of God. Now if it be ill done 
to offend our Neighbour , and if it be a capital Crime 
to rife againft our Prince, how fhall we intitle thofc that 
rife in rebellion againft the Majeity of the Soveraign 
Lord of all Mankind*, briefly, as it is a thing much 

more 



( r 9 ) 

more grievous to c fad the Creator, than the creature, 
Man, than the Image he reprelentsj and as in Terms of 
Law, he that hath wounded the proper Perfonoi a King, 
is much more culpable , than another that bath only 
broken the Statue credted in his Memory ; Co there is no 
quefiion, but a much more terrible puniilrr.ert is prepa- 
red for them, which infring thefitft Tabae of the Law, 
than for thofc which only fin againfl: the fecond,aithough 
thaone depend of the ether; whereupon it fdlows fto 
fpeak by companion,) that we muft take more careful 
regard to the Cbfervation of the fir ft than of the fecend. 
Furthermore, our Progenitors Examples may teach us 
the Rule we muft follow in this C afe. King Ahab at . 
the Irrigation of his Wife Jefdel,kilkd all the Prophets 
and Servants of God'that could be taken, not withftand- „. 
ing Abdias Steward of Abab's Houfe did both hide and l King ' lt '^ 
feed in a Cave a hundred Prophets, the excufe for this is 
foon ready ; in obligations,oblige they never fo nearly, 
the Divine Majefty muft always be excepted. The Tame 
Abab en joyned all Men to facrifice to Baal. Elias inftead 
of cooling or relenting did reprove more freely the 
King, and all the People, convinced the Priefts of Baal of 
their Jm piety, and caufed them to be executed. Then 
indefpite of that wicked and furious Jefabel, and maugre 
that uxorious King, he doth redrefs and reform with a 
Divine and Powerful Endeavour the Service of the true xKing.iJ.t5 
God. When Ahab reproached him (as the Princes of 
our times do) that he troubled Ifrael, that he was re- 
bellious, feditious, Titles wherewith they are ordinarily 
charged, which are no way cu^pble thereof; nay, but 
it is thou thy felf,anfwered £//£$, which by thy Apoftailc 
hath troubled Ijrael, which hath left the -Lord the true 
God, to acquaint thy felf with ftr?nge Gods his Ene- Dan. 3. 18. 
mies, in the fame manner and by the leading and di- and 6. 10. 13* 
reclson of the fame fpirit did-Sidrac Mifacl^ and A- Act. 4. 19. 
bedntgo rcf .rfe to obey Nebucbadxezar, Darnel Darius, Pbih fudeus 
Eleaz-ar Antiochns, and infinit others. After the com- inhisdifcourfe 
ingofJefusChrift, it being forbidden the Apoftles to ° ^SJJ 
preach the Gofpel. Judge ye, (faid they) whether it be s.AmirS^ia 
D 2 reafonable theEpift. 33 



( *>) 

reafonable as in the fight of God to obey men, rather 
then God ; according to this the ApohMes, not regarding 
neither the intendments nor defigns of the greatnefs of 
the World-, adreffed thcmfelves readily to do that 
which their Matter Jefus Chriit had commanded them. 
The Jews themfelves would not permit that there 
(hould be fet up in the Temple at Jerufalem the Eagle 
of Silver, nor the ftatue of Caligula: what did Ambrofc 
when the Emptvour Valentinian commanded him to give 
the Temple at Mi Han to the Arriam ? Thy Councilors 
and Captains' are come unto me, fa id he, to make me 
fpeedily deli'ver the Temple, faying it was done by the Aw 
• thority and command of the Emperor, and that all things 
are in his porter. I anfwercd to it, That if he demanded 
that which is mine, to wit, mine inheritance, my Money, 
1 would not in any fort refufe it bim, although all my goods 
belong properly to the poor, but the things divine are not 
in fubjecHon to the power of the Emperor. What do we 
chink that this Holy Man would have anfwered, if he 
had been demanded whether the living Temple of the 
Lord fhould be enthrawled to theilavery of Idols. Thefe 
Examples, and the conftancy of a Million of Martyrs, 
which were Glorious in their deaths, for not yeilding 
obedience in this kind, according as the Ecclefiaftical 
Hiftories, which are full of them, do demonftrate, 
/ may fufficiently ferve for an exprefs Law m this cafe. 
But for all this we have no want of a Law formerly 
written : For as often, and ever as the Apoftles admo- 
nifh Christians to obeyKings and Magistrates, they do 
firft exhort, and as if%ere by way of advice, admonifh 
every one to fubjeet himfelf in like manner to God, 
and to obey him before and againft any whatfoever, 
and there is no where to be found, in any of their 
writings, the leaft pafTage for this unlimitted obedi- 
ence, which the flatterers of Princes do exafrtrom men 
of fmall undcrfiandings. Let every foul, faith Saint Paul, 
Rem. 13. 1. befubjeB to the higher powers, for there is no pwer but 
of God: he makes mention of every Soul, to the end 
tt may not be thought, that he would exempt any 

from 



( «) 

from this fubje&ion ; we may eafily gather by divers 

fuch Speeches, that we mud obey God rather than the 

King : For it we obey the King, becaufe, .and for the 

love of God certainly this obedience may not be a 

confpiracy againft God : But the Apoftle will ftop the 

gap to all ambiguity in adding that the Prince is the 

Servant of God for our good, to wit, to do juftice; 

from this neceflarily follows that which we come from 

touching, that we mud rather obey God then him who 

• is his Servant .- This doth not yet content Saint Paul 

for he adds in the end, Give tribute, honour ', and fear Math. 22.21 

to whom they appertain, as if he fhouLl fay, that which ipet.2.17.18. 

was alledged by Chrift, Give to Cafar that which is 

C<efars, and to God that which is Gods '• To Cefar tribute, 

and honour ; to God fear. Saint Peter faith the lame, 

fear God t honour the King ; Sevants obey your Majlers not 

only the good and kind , but alfo the rigorous, we mull: 

practice thefe precepts according to the order they are 

let down in : to wit, that as fervants are not bound to 

obey their Matters if they command any thing which 

is againft the Laws and ordinances of Kings: Subjects 

in like manner owe no obedience to Kings which will 

make them to violate the Law of God. 

Certain lend companions object, that even in the things ^Object: 
thernfdves that concern the Conscience we muft obey Kings, 
and are jofhamelefs as to produce for witnefs of jo wicked 
an opinion the Apoftle Saint Peter and Saint Paul, con- 
cluding from hence, that wemuftyeild obedience to all that 
the King fhall ordain, though it be to imbrace, without 
reply, any Super ftition he fhall pleafe to eflablifh. But 
there is no man fo grofly void of Senfe, that fees not 
the impiety of thefe men, we reply : that Saint Paul 
faith in exprefs terms, we muft be fubjeft to Princes, 
-not only for wrath, but alfo for confeience fake. In 
oppofing confeience to wrath, it is as much as if the Rom * K 3 *** 
Apoftle had laid, that the obedience of which he 
fpeaks ought not to proceed for fear of punifhment, but 
from the love of God, and from the reverence which 
we are bound to -bear unto the word* in the fameSence 

Saint. 



( 22) 

S:.Paul enjoy neth Servants in fuch manner to obey their 
Matters, that it be not with eye fer'vice for fear of 
Col. 3. 22. ftripjs, but In finglenefs of Heart, fearing God, not 
(imply, to acquire the favour of men, whom they may 
delude, but to bear the burden laid on their Shoulders, 
by him whom no man can deceive. 

In brief there is manifeft difference between thefc 
two manners of Speech, to obey for Confcience fake, 
and to obey in thofe things which concern the Con- 
fcience .- otherways thofe which had much rather loofe 
their Lives with infinite Torments then obey Princes 
which command them things contrary to the will of 
God, would have taught us that which thefc feek to 

2 Object. perfwade us to. Neither do they cxprefs themfclvcs 
lefs impudent in that which they are accuftomed to 
objeel: to thofe which are not fo well able' to anfwer 
them. That Obedience is better than Sacrifice, for 
there is no Text in Holy Writ that doth more evident- 
ly confound them then this,which is contained in Samuels 

1 5am. 1 «5-22. re p re ' n€ri fi on f King Saul, for his Difobedier.ee to the 

Commandment of God, in. Sacrificing unfittingly. If 
then Saul although he were a King ought to obey God, 
it follows in all good confequence that Subjects are not 
bound to obey their King by offending of God. Briefly, 
thofe (wh ; ch afcer the barbarous manner of the Men 
oi'Cdcuf) feek to; inthrai the Service of God with a 
neceflary dependance on the will of a mutable Man, 
ancT Religion of the good pleafure of the King, as if 
he were forhc God on Earth, they doubtlefs little value 
the Tefh'mony of Holy Writ. But let them fat the 
Cicero in the l«aft) yer learn of a' Heathen Orator. "That in every 
firft book of publicist ate, there is certain degrees of Duty, for thofe 
offic th.H converje and li~'e in it, by which may appear rehire- 

tn theme are obliged to the other. Infomuch that thefirfi 
part of this Duty belongs to the immortal God, the jecond 
Concern the Country, rrhich is their common Mother, 
,. the t'ird, thofe which are of our Blood, the other parts 

Jul' ma ieft. leaning wsftepby flep D our other Neighbours, blow al- 
Digeft. tho"fh the Crime of High Treafon be very heinous, yet ac- 

cording 



c ^ ) 

cording to the Chilians, it always follows after Sacriledge, 
an Offence which properly Jertam U the Lord God and 
his Service, infornuch that they do confidently affirm., 
that the robbing of a Church, is by their rules ejleetned, a 
greater Crime^ than t)_ Confpire againfi the Life of a 
Prince. Thus much for this fixfi Qjicftion, wherein 
we per fwadc our (elves, that any Man "may receive 
fatisfadtion, if he be not utterly void of the feat of Gcci. 



The Second Q.'rfh'cn. 
Whsther it he lawfd to rcfift a Vrrnce nvhice dot 1 ) infring 
the- Law of 0:-d, or mine his Chrrch, ly whom, how 
and h)w far it k lawful \ 

THis Qncftion {zz?:s at the fir ft view to be of a 
high and circuit Nature*, for fo much ^ there 
being lmail occafton" to (peak to Princes that fear 
God: On the contrary, din'e will be much danger to 
tronbie the ears o( thole which acknowledge no other 
Sovereign but themfeives, for which reafon few or none 
have mcdlcd'with k^ and if any have at all touched i:^ 
rt hath been but as k were in palling by. The Qiiefh'on 
is, If it Le lawful to refi\l a Pnnce violating the Lav of 
God, or ruinating the Ctrrrch, or hindring the refioring 
.of tt ? if we hold our felves to the Tenure cf the Hojy 
So ipture it will refolye us. For, if in this cafe k have 
been iawful^o the Jewifh People (the which may be. 
eafily gathered from the Books of the Old Teftament) 
) 7 ea, if k have been injoyned them, I believe it will 
not bedenved, that the fame mult be allowed to the 
whole per pie of any ChrifHan Kingdom or Country 
whatkever. 'In the fivft place ft muft be considered, 
that God having chofen Ifrael from amongfl all the 
Nat ons of the Earth,to be a pec^inr People to him, and 
covenanted wirh them, that they Should be the people of 
God.This is written in divers places of Deuteronomy •• the Deut. 7. <5« 
fubftance and tenor of this alliance was, "That all ft odd and 14, 2. 
be careful in their fiver al lines, tribes, and families in 

the 



04 } 

the Land of Canaanjo ferve God purely, who would have 
a Church eflablifhed amongjl them for ever,which may be 
drawn from the teftimony of divers places, namely that 
which is contained in the 2J Chap. oiVe-iteronomy^ there 
Mofts and the Levites covenanting as in the name of 
God,afTembkd all the people, and laid unto them; This 
day. Oh Ifrael art thou become the people of God, obey 
you therefore his voice &C AndMofes /aid, when thou hak 
pajfed the River of Jordan, thou'fhalt jet fix Tribes on the 
mountain of Gerizzim on the one fide, and the fix other on 
the Mountain of Eball, and then the Levites fhall read the 
Law of^ God , promijing the Obfervers all felicity , and 
threatning wo and deflruction to the breakers thereof, and all 
the People fhall anfwer, Amen. The which was afterwards 
performed by Jofhua, at his cntring into tha Land of 
jof. $.24.and Canaan, and ibme tew days before his death. We fee 
34. 20, &c. by this that all the People is bound ^0 maintain the 
Law of God to perfect his Church .• and on the contra- 
ry to exterminate the Idols of the Land of Canaan, a 
Covenant which can no ways appertain to particulars, 
but only to the whole body of the People. To which 
alfo it ieems the incamping of all the Tribes round a- 
bout the Ark of the Lord,to have reference, to the end 
that all (houldlookto the prefervation of that which 
v/as committed to thecuftody of all. Now fortheufe 
and pradTife of this Covenant we may produce exam- 
ples, the Inhabitants of Gabaa of the Tribe of Benja- 
min ravifhed the Wife of zLevite, which dyed through 
Judg. L9.20. their violence. The Levite divided his Wife into twelve 
pieces,and fentthem to the twelve Tribes,to the en 1 that 
all the People together might wipeaway this fo horrible 
a crime committed in Ifrael All the People met toge- 
ther at Miz.fah and- required the B:niamites to deliver to 
be punifhed thofe that were culpable of this enormous 
Ctimc,which they refufed to per form, wherefore with the 
allowanceof God himfclf, the States of the People with 
an univerfal con lent rcnour.ee and make War againft the 
Benjj.mites , and by this means the authority of the fc- 
•cond Table of the Law was maintained by the detriment: 

and 



( *? ) 

and mine cf one entire Tribe which had broken it 
In one of the precepts. For the firft we have an example 
fufficiently manifdl in Jojbua. After that the Rukenites, * £ 22 ^ 
Gadites, and Manajjites were returned into their dwel- 
lings beyond Jordan, they incontinently built a goodly 
Altar near Unto the River, this feems to contrary the 
Commandment of the Lord, who exprefly forbids 
to Sacrifice any where but in the Land of Canaan only, 
wherefore it was to be feared leaft thefe men intended 
to ferve Idols. This bufinefs being communicated to 
the People, inhabiting on this fide Jordan : the place 
alligned for the meetings of the States was at Silo where 
the Ark of the Lord was. They all accordingly met, 
and Pbineat the High-Prieft the Son oiEkazar was fent 
to the other to treat with them concerning this offence 
committed againft the Law : And to the end they might 
know all the people had a hand in this bufinefs, they 
fent alfo the principal men of every Tribe to com- 
plain that the fervice of God is corrupted,by this devife, 
that God would be provoked by this rebellion, and be- 
come an Enemy, not only to the guilty, but alfo to all 
Ifrael, as heretofore in Betlfkegor. Briefly, that they 
fhould denounce open War againft them, if they defi- 
ned not from this their manner of doing : There muft 
of neceffity have followed much mifchief , if thofc 
Tribes beyond Jordan had not protefted , that they e- 
redtedthat Altar only for a Memorial that the Ifraelites 
both on the one and the other fide of Jordan, both did 
and do profefs one and the fame Religion , and at all 
times whensoever they have fhewed themfelves negli- 
gent in the maintenance of the Service of God, we have 
feen that they have ever been punifhed : this is the true 
caufe wherefore they loft two battles againft the Benja- 
wites according as it appears in the end of the Book of 
Judgei j for in fo carefully undertaking to punifli the rape 
and outrage done to a particular perfon , they clearly 
convinced themfelves of much negligent Prophanefs in 
the maintenance of Gods right, by their continual ncg- 
ligence, omiffion to punifh both corporal and fpiritual 

E whore- 



whoredoms, there was then iti thefe fir{t times flich a 
Covenant between God and the People. 
A covenant Now after tha't Kings were given unto the People,there 
between God was f ]{ tl j e purpofc of dilannulling or disbanding the 
the people!" * or m er contraa , that it was renewed and confirmed 
2 King. ii*. forever. We have formerly (aid at the inaugurating 
17. and 23.3. of Kings, there was a double Covenant treated of,towir, 
between God, and tie Ring-, and between God, and the 
'People. The agreement was firfi: palled between God^ 
the King, and the People: Or between the HighPnefc 
the People (which is named in the firft place in rhe 2 3. 
Chapter in the 1 Book of the Chronicles J and the King. 
The intention of this was, that the People jbodd be the 
2^hron. 23. p eo pj e of God (which is as much as to fay) that the Peo- 
ple fhould be the Church of God, we have fhewed before 
to what end God contracted Covenants with the King.; 
Let us now confider wherefore alfo he allies himfelf 
with the People. It is a thing molt certain, that God 
hath not done this in vain, and if the People had not 
authority to promife, and to keep promife, it were vain^ 
lyloft time to contract or covenant with them. It may 
feem then that God hath done like thofe creditors^ 
which having to deal with not very fuflicient borrowers, 
take clivers joyntly bound for one and the fame Sum, 
infomuch as two or more being bound one for another 
and each of them apart, for the intire payment of the 
total Sum , he ' may demand his whole debt oi which of 
them he pleafeth. There was much danger to commit 
the cuftody of the Church to one Man alone, and there- 
fore God did recommend, and put it in truft to aH the Peo- 
ple : The King being railed to lb ilippery a place might 
eafily be corrupted , for fear leaft the Church' fhould 
/tumble with him , God would have the People alfo to 
be refppndents for it. In the Covenant of which we fpeak 
God, or [in his place] the High- Priejl arc ftipulator&.the 
King and all the People, to wit, Ijrael, do joyntly and 
voluntarily aflume, promife and oblige thcmfelves for 
one and the fame thing. The High-Pried demands if 
they promife , that the People (hall be the People of 

God 



r *7 ) 

God,that God (hall always have his Temple,his Church 
amongft them, where he (hall be purely ierved. The 
King is refpondent, To alfo are the People ( the whole 
Body of the People reprefentingasitwere the office and 
Place of one Manj not feveraliy, but pyntly, as the 
words themfelves make clear,being incontinent,and not 
by intermiffion or diftance of time the one after the other. Mort „ a 'j 
We fee here then two undertakers,the King and Ifrael, D ' de ^\ e \ ° 
which by confequentare bound one for another and each com. L. finoa 
for the whole. For as when Gyasand Tuius have pro- finguii c, fi- 
miied joyntly to pay to their Creditor Seiii a certain c ^ erC * k P Q' d ; 
lum, each of them are bound for himfelf and his Ju^reis 2*and 
companion, and the Creditor may demand the fum of 3. feet. 1. D. 
which or them he pleafeth. In the like manner the eodem. 
King for -himfelf, and Ifrael for it fcif are bound with 
all <circumipe£tion to fee chat the Church be not damni- 
fied, '^ either of them be negligent of their Covenant, 
God may juftly demand the whole of which of the 
two he pleafeth, and the more probably of the people 
Then of the King, and f^r that many cannot fo eafiiy 
flip away as one, and have better means to difcharge 
the debts then one alone. In like manner ; , cus when two j cumpof.D. 
men that are indebted, effect 'ally to the publick^Excbequer, deceafib. and 
the one is in fuck manner hound for the other, that lie can ibidoctorcs. 
take no benefit of the divifion granted; by the new Confti- 
tutions of Juftiman : So Wqmfe the King and Ifrael fro- 
mifing to fay tribute to God, which is the King of Kings, 
for accompli flrment whereof, the one is obliged for the other. 
And as two Covenanters by fromije, efpecial/y in contracts, 
4 he obligation whereof exfofeth the Obligees to forfit ares and L. cum appa* 
hazards, juch as this is here, the^fitlings of the one in- r ? blt >.P-! ?p" 
daw age th the other: fo that if Ifrael for fake their God, £' eodem? 1 * 
and the King makes no account of it, It is jiflly guilty of 
Ifraels delinquency. In like manner . if * the King follow 
after flrange Gods, and not content U be feduced hm\elf, 
feeks alfo H atirafi his S'ibjecis, enlewouring by allme:.ns 
to ruine the Church, if Ifrael feek^ not to withdraw him 
from his rebellion^ and contain him within the limits of 0- 
bedieme, they make the fault of their King, their own 

E 2 tranfgrejfion ' 



( iS ) 
tranfgrefjion. Briefly, as when there is danger that one 
of the debtors by cor. fuming his goods may be dis- 
abled to give fatisfa£Hon, the other muft fatisfie the 
creditors who ought not to be endamaged , though 
one of his debtors have ill Husbanded his Eftate, this 
ought not to be doubted in regard of //^/toward their 
King, and of the King towards Ifrael in cafe one of 
them apply himfelf to the Service of Idols, or break 
their Covenant in any other fort, the one of them 
muft pay the forfeiture and be punifhed for the other. 
Now that the Covenants of which we at this time treat , 
is o F this Nature, it appears alfo by other TefKmonies 
of Ho' y Script ure. 5.W being cfhblifhed King of //>.«/, 
* at 2* * ' Samuel Prieit and Prophet of the Lord, fpeaks in this 
manner to the people. Both you andyour King which 
is over youferve the Lord your God, but if you ferjlvere 
in malice (he taxeth them of malice for that they pre- 
ferred the Government of a Man before that of Godj 
you and your King fball ferifh He adds after the reafon, 
for it hath fleajed God to chufeyoufor his People. You fee 
here both the parties evidently conjoyned in the condi- 
tion and the Punifhment : In like manner ^/^King of 
Judahj by the Council of the Prophet Affary^ aflera- 
bleth all the People at Jtrujalem, to wit, Juda and 
Benjamin^ to enter into Covenant with God. Thither 
came alfo divers of the Tribe of Ephraim Manaffes , 
2nd Simeon, which were come thither to ferve the Lord 
according to his own ordinance After the Sacrifices 
were performed according to the Law, the Covenant 
was contracted in thefe terms, iVhofoever jhall not 
call upon the Lord God of Ifrael, be he the leaft or the 
greateftj let him dye the Death In making mention of 
the greateft, you fee that the King himfeli is not ex- 
cepted from the defigned Punifhment. 
i King. 23. 2. But who may punifh the King (for here Is queftion 
of Corporal and Temporal Punifhment ?) If it be not 
the whole Body of the People to whom the King 
Swearcth and obligeth himfelf, no more nor lefs, than 
the people do to the King, we read alfo that King 
2Chron4.2o. Jofin being of the Age of twenty and five Years, to- 
gether 



(2 9 ) 

gethcr with the whole people, doth make a Covenant 
with the Lord, the King and the People prcmifing to 
keep the Laws, and Ordinances of God, and even 
then for the better accomplifhing of the Tenour of 
this agreement, the Idolatry of Baal was prefently de- 
stroyed. If any will more exactly turn over the Holy 
Bible, he may well find other Teftimonies to this 
purpofe. 

But to what purpofe fhould the confent of the people 
be required, wherefore fhould Ifrael or Juda beexprefly 
bound to obferve the Law of God ? for what reafon 
fhould they promife fo folemnly to be for ever the 
people of God ? If it be denied, by the fame reafon 
that they had any Authority from God, or, power to 
free themfelves from perjury, or to hinder the ruine 
of the Church. For to what end fhould it fcrve to caufe 
the people to promife to be the people of God, i^ they 
mud, and are bound to endure and fuffer the King to 
draw them after ftrange Gods. If the people be abfo- 
lutely in Bondage wherefore is u commanded then, to 
take order that God be purely ferved ? ii it be fo that 
they cannot properly oblige themfelves to God^ and it- 
it be not lawful for them by all to indeavour the accom- 
pli' ment of their promife, (hall we fay that God hath 
made an agreement with them, which had no right 
neither to promife, nor to keep promife? But on the 
contrary, in this bufinefs of making a Covenant with L ' q ^ ^' 
the people, God would openly and plainly (how, that dereg. jar. 
the people hath tight to make, hold, and accomplifh 
their promifes and contracts. For, if he be not worthy 
to be hesrd in pubh'ck Court that will bargain or con- 
tract with a (lave, or one that is under tutillage, (hall 
it not be much more fhameful to lay this imputation- 
upon the Almighty, that he fhould contract with thofe 
which had no power to perform the conditions cove- 
nanted ? But for this occafion it was , that when the • 
Kings had broken their Covenants, the Prophets al= . 
ways addrefled themfelves to the Houfe of Juda and 
Jacob, and to Samaria, to advercife them of their du- 
ties, , 



( 30; 
-iks. Furthermore, they required the people that they not 
-only with-draw themfelves from facrifking to Baal, but 
alfo that they caff down his Idol, and deftroy his Priefts 
and fervice j yea, even maugre the King himlelf. For 
example, Ah.\b having killed the Prophets of God,- the 
Prophet ElLvs alTembleth the people, and as it were 
converged the Ef rates, and doth there Tax, reprehend, 
and reprove eveiy onecf them \ the people at his ex- 
hortation do take and put to Death the Priefts of Ba.iL 
And for fo much as the King neglected his duty, it 
behoved Jfrael more carefully to discharge theirs with- 
out tumult, not rafhly, but by tubih\ Authority -, the 
Zilates being affembled, and the equity of the caufe 
orderly debated, and fuflicicntly cleared before they 
came to the execution of juflicc. On the contrary, 
fo often, and always when Tfrael hath failed to op- 
pofe their King, which would overthrow the Service 
of God, that which hath been formerly faid oi the two 
Debtors, the inability and ill Husbandry of the one 
doth ever prejudice the other, the fame hapned ro 
them i for as the King hath been punifhed for his Ido- 
latry and Ditloyalty, the people have alfo been cha- 
ftifed for their negligence, connivency, and ftupidity, 
and it hath commonly hapned, that the Kings have 
been much more often fwarved, and drawn others wirh 
them then the people, for fo much as ordinarily the 
great ones mould themfelves into the Fafhion of the 
King, and the people conform themfelves in Humors 
ro thofethat govern them : to.be Brief, all mere uiual- 
ly offend after the Example of one, then that one will 
refoim himfclf as he iccdi all the reft. This which 
we fay will perhaps appear more plainly by Examples; 
what do we fuppofe to have been thecaufe of the de- 
feat and overthrow of the Army of [frae! with their 
i Sam. 31. - King Sail. Doth God correct the people for the fins 
of the Prince? Is the Child beaten iiftcad of the Father? 
It is a difcourfc not eafily to be diverted, fay the Civi- 
lians, to maintain that the Children ftiould bear the 
Punifhmcnts due for the offences of their Fathers ; 
the Laws do not permit that any one (hall fliffer for the 

wickcdnefs 



(31) 
wickednefs of another. Now God forbid chat the Judge 
of all the World (kith Abraham) fhould deftroy the gSt* *$ 
innocent wich the guilty : On the contrary (faith the 2 King. 14. da 
Lord) as the life of the Father, fo the life of the Son Ezech. 18. 20* 
is in my hands ; the Fathers fhail not be put to Death 
ibr the Children, neither {hall the Children be put to 
Death for the Fathers ; every man fhall be put to 
Death for his own Sin, that overthrow then, did it 
not proceed for that the people oppofednot Sa */, when 
he violated the Law of God ; but applauded that mi- 
ferable Prince when he wicked'y perfecuted the b:(t 
men, as David and the Priclfo of the Lord, Araongft 
many other Examples let us only produce fome few. 
The fame Saul to enlarge the polTeffions of the Tribe 
of Juda broke the publick Faith granted to the Gibeonites, 2 Sam, 21; 1 . . 
at the firft entry of the people into the Land of Canaan, 
and put to Death as many of ihzGibeonitei as he could 
come by. By this execution Saul did break the third 
Commandment, for God had been called to witoefs this 
agreement,and theiixtb alfojn fo much asheMurthered 
the Innocent, he ought to have maintained the Authority 
of the two Tables of the Law ; and thereupon kis faid,that 
Saul and his Houfe have committed this wi eked nefs.In the 
mean time,after the death of Saul, and David being efta- 
blifhed King, the Lord being demanded, made anfwer 
that, it was already the third Year that the whole 
Country of Ifrael was affli&ed with Famin, becaufe of 
this cruelty, and the hand of the Lord ceafed not to 
ftrike, until that feven men of the Houfe of Sml L.cnm»n. 26, 
were given to the Gibeonites, who put them to Death; D.depxnit. 
feeing that every one ought to bear his own burden, 
and that no man is efteemed the inheritor of anothers 
crime -, wherefore they fay, that all the whole people 
of Ifrael deferves to be punifhed for Saul, who was 
already dead, and had Cas it might feem) that con- 
troverlie buried in the fame grave with him, but only- z. sjneimus *, 
in regard that the people neglected to oppofe a mil- fe panis. 
chief Co publick and apparent, although they ought 
and might have done it : Think you it reafon,that any 
fhould be punifned unlefi they defer ve it ? And in what 

hath 



(3*3 • 
hath the people here failed, but in differing the offence 
i Sam. 24. -?. f t i ie ; r King. In like manner when David com- 
2Chron.2i.2. mari( i ec j f oa ^ an d the Governors of Ijrael to Number 
the people, he is Taxed to have committed a great 
fault ; for even as Ifrael provoked the anger of God in 
demanding a King, one in whofe wifdom they feemed 
Abacuc.1.16. to re p f e their fafcty.- even fo David did much for- 
get himfelf, in hoping for Victory through the multi- 
tude of his Subjects ; for fo much as that is properly 
(according to the dying of the Prophet,) to Sacrifice 
nnto their Net, and burn incenfe unto their drag, a 
kind of abominable Idolatry ; for the Governors, they 
feeing that it would draw Evil on the people, a little 
drew back at the h"rft ; afterwards, as it were, to be 
rid of the importunity they made the enrolement : in 
the mean Sealon all the people are punifhed, and not 
David alone, but alfo the Ancients of Ifrael, which 
reprefented the whole Body of the people, put on fack- 
cloath and a(hes,the which notwithstanding was not done 
nor pra£tifed when David committed thofe horrible 
fins of Murther and Adultery. Who fees not in this 
laft Act, that all had finned, and that all ftiotild re- 
pent-, and finally that all were chaftifed, to wit David 
that had provoked God by fo wicked a Command- 
ment, the Governors fas Peers and AlTefTors of the 
Kingdom, ought in the Name of all .Ifrael to have 
oppofed the KingJ by their connivency, and over weak 
refinance ; and all the people alio which made their 
appearance to be enroled. God in this refpecl: did like 
a Chief Commander, or General of an Army, he 
chaftifed the offence of the whole Camp, by a fudden 
Alarum given to all,and by the exemplary Punilhments 
of fome particulars to keep all the reft in better awe 
and order. But tell me wherefore after that the King 
2 King. 24. 4. Manaffcs had polluted the Temple at J er ufalem^ do we 
2Chron. 33- ^ad that God not only Taxed Manajfes, but all the 
Ier. i<. 4. people alfo? was it not to advertife Ijrael one of the 
fureties, that if they keep not the King within the li- 
mits of his duty, they fhould all fmart for it t, for what 

meanr 



( 3? J 

meant the Prophet Jeremy to fay, the Houfe of Juda is 
in fubjeftion to the AQiriam , becaufe of the impiety 
and cruelty of Menaces i but that they were guilryof 
all his offences , becaufe they made no refi(tance;where- 
fore St.Aujiin and S.j4ntbroj'nz\d Herod and Pilate con- S.^«f?.upon 
demncd JefusChrift , the Priefts delivered him to be ^j!*' 8 *' s . 
crucifyed , the People feem to have fomc companion, ro ' tn0 ^ >i * 
notwithstanding all ate punifhed ; and wherefore fo?for 
fomucb as they are all guilty of his dcath,in that they 
did not deliver him out of the hands of thofe wicked 
Judges and Governots, thete mufl alfo be added to this 
many other ptoofs drawn from divcts Authors for the 
further explication of this point, were it not that the tc 
ftimcniesof Holy Scripture ought to fuffice Chriftians. 
Furthermore, in fo much as it is the duty of a good Ma» 
giftrate, rather to endeavour to hinder and prevent a 
mifchief, than to chaftife the delinquents after the of- 
fence is committed, as good Phyfftians thatprefcribe a 
diet to allay and prevent Difeafcs , as well as Medians 
to cure them .• In like manner a People truly affected to 
true Religion , will not limply confent tbemfelves to 
reprove and reprefs a Prince that would abolifh the 
Law of God, but alfo will have fpecial regard, that 
through malice and wickednefs he innovate noihing that 
may hurt the fame, or that in enfft of time may cor- 
rupt the pure fervice of God ; and inftead of fupport- 
ing publick offences committed againft the Divine Ma- 
jefty, they will take away all occafions wherewith the 
offenders might cover their faults ; we read that to have 
been pra&ifed by all Ifrael by a Decree of Parliament 
in the AfTemblyof the whole People , to remonftrateto 
thofe beyond Jordan, touching the Altar they had buil- 
ded , and by the King Eaecbias , which cauied the bra- 
fen Serpent to be broken. If is then lawful for Ifrael to 
refill: the King , which would overthrow the Law of God 
and aboliih his Church, and not only fo, but alfo they 
ought to know that in neglecting to perform this duty, 
they make theaifelves culpable of the fame crime, and 
Jhail bear the like Punilhment with their King. 

F If i . 



( M) 
If their aflaults be verbal,their defence muft be like- 
wile verbal, if the Sword be drawn againft them, they 
Auguft. »n may alfo take Arms , and fight either with tongue or 
jo!h. 23. q. 2. ^and, as occafiuiis.- vea 5 if they be availed by furpri- 
falsjthey may makeufe both of ambufcadoes and coun- 
termines, there being no rule in lawful War,that directs 
them for the manner , whether it be by open aflailing 
their enemy, or bydofe furpriiirag ; provided always, 
that they carefully diftinguifh between advantageous 
ftrategems , and perfidious Treafon,which always un- 
lawful. 
Dominusi. 1. But I fee well , here will be an objection made, what 
D. de dolo w i\\ y 0ll f av > That a w hole People, that beaft of ma- 
ny heads , muft they run in a mutinous diforder^ to or- 
der the bnfinefs of the Common-wealths What addrefs 
or direction is there in an unruly and unbridled mul- 
titude ? what counfel or Wi(dom,to manage the affairs 
of State? 
What is to be When we fpeak of all the people, weunderftand 

U h' derft d° d ° by ^ tnac > on ^ *h°fe which hold their Authority from 
t ^swor P 60 *^ people, to wit, the Magiftrates, which are inferionr 
to the King, and whom the people hath fnbftituted, 
or cftablifned, as it were Contorts in the Empire, and 
with a kind of Tribunitiai authority , to reflrain the 
encroachments of Sbvereignty , and to reprefent the 
whole body of the People. Weunderftand alfo , the 
AfTembly of the Eftates, which is nothing elfe but an E- 
pitomy, or brief collection of the Kingdom, to whom 
all publick Affairs have fpecial and abfolute reference , 
fuch were the SeventvAntients in the Kingdom oflfrael, 
amongft whom the High Prieft was as it werePrefident, 
and they judged all matters of greateft impL>rtance,thofe 
feventy being firft chofenby fix out of eachTribc,which 
came out of the Land of Fgypt, then the Heads or Go- 
vernors of Provinces ; In like manner the Judges and 
Provofts of Towns , the Captains of thoulands , the 
Centurions and others which commanded dverFamilies 
the.moft valiant noble and otherwife notable ' Per folia- 
ges, of whom was compofed the Body of the States,af- 
% fembled divers times as it plainly appears by the word 

of 



f 3>" ) 
of the Holy Scripture. At the Election of the firft King 
which was Saul, all the Antients of If rati affcmbled to- » Sam. 8. 4* 
gether at Kamalu like manner and all Iiraelwzs aflem- 
bJed , or all Judabznd Benjamn 3 &X. Now it is no way 
probable , that all the People one by one met together 
there. Ot this tank there are in every well governed 
Kingdom , the Princes, the Officers of the Crown, the 
Peer s, the greatefl: andmoft notable Lords, the Deputies 
of Provinces , of whom the ordinary Body of the E- 
ftate is compofcdjOrthe Parliament or theDiet,or other 
Aflembly , according to the different Names u fed in di- 
vers Countries of the World in which AfTemblies the * 
principal care is had both for the preventing and reform- 
ing either of diforder or detriment in Church or Com- 
mon-wealth. For as the Counfels of 73afil and Con\\ance 
have decreed fand well decreed)that the univerlalCoun- 
cil is in Authority above the Bifhop of Rome.As in like 
manner the whole Chapter may over- rule the Bifhop,the 
Univeriity,the Re&or, the Court,the Prefident : Briefly 
he whofoever he is that hath received authority from a 
Company , is inferior to that whole company,although 
hebefuperiortoany of the particular Members of it. 
Alfo is it without any fcruple or doubt,that Ifrael which 
demanded and eftablifhed a King as Governor of the 
Publick muft needs be above Saul eftablilhed at their re- 
queft , and for Ifratls fake as it fhallbe more tully pro- 
ved hereafter. And for fo much as an orderly proceed- 
ing is neceflarily required in all affairs discretely addref- 
fed, and that it is not fo probably hopeful that order 
(hall be obferved amongft fo great a number of people ; 
yea, and that there often-times occurs occafions which 
may not be communicated to a multitude, without ma- 
nifeft danger of the Common- wealth. We fay, that all 
that which hath been fpoken of Pi ivi ledges granted,and 
right committed to the People, ought to be referred to 
the Officers and Deputies of the Kingdom .• and all that 
which hath been faid of Ifrael, is to be understood of the 
Princes and Elders of Ifrael, to whom thefe things were 
granted and committed as thePra&ife alfo hath verify- 
ed* F 2 The 



( 3<S) 

2Ghron..23. ffe Queen Alb alia, after the death of her Son Aba- 
zja King at Jadah, put to death alJ thofe of the royal 
blood, except little. ;W, which being yet in the cradle 
was prcferved by the Piety and WiTdom of his AiK.tJe- 
hofhdeab. AwdiA ppflefleth her felfof the government, 
and reigned fix years over Judab.k may well bet hePeo- 
ple murmured between their Tecch,and durft not by rca- 
ion of danger cxprefs what they thought in their minds. 
, Finally, ]eboida the High-lMeft the husband olJefofbA- 
fejih, having fecretly made a League and Combination 
with the chief Men ot the Kingdom, did anoint and 
Crown King his Nephew7ws- ? bcing but leven years old. 
And he did not content himfcif to di ive the Q^een Mo- 
ther from the Royal Throne,buthe alio put her to death 
and prefently overthrew the Idolatiy of Baal. This 
deed of Jehoiada is approved, and by good rcafon, 
for he took on him. the defence of a good Caufe, for 
he afTailed the Tyranny, and not the Kingdom. The 
Birtoi Je r/-. Tyranny (I fav) which had no Title, as our modern 
rar.nid. Civilians ipeak. For by no Law were Women ad- 

Deu.t. 17. 1$. m ( t ted to the Government of the Kingdom of Judab. 
Furthermore, that Tyranny was in vigor and pradtice: 
For Atbalia had with unbounded mifchief and cruelty 
invaded the Realm of her Nephews, and in the ad- 
minlftration of that Government committed infinite 
wickednefs, and which was tkeworftof all,had caftoff 
the Service of the living God to adore and compel others 
with her to worihip the Idol of ^/.Therefore then was (he 
juftiy puniuied,and by him which had a lawful calling 
and authority to do it. For Jehoida was not a privat and 
particular Perfon , but the High Prielt , to whom the 
knowledgof civil Caufcs did then belong: And befides 
he had for his AiTociatcs, the principal Men of theKing- 
dom,the Levites, and being himtelf the Kings kinsman 
and ally. Now for fo much as he aflemblcd not the e- 
fTatesar Miz.t>ah according to the accuftomed manner, 
he is not reproved for it , neither for that he confulted 
and contrived the matter fecretly , for that if he had 
held any other manner of proceeding, the bufinefs mud 

probably 



( 37 ) 

probably have failed in the execution and fucccfc 

A combination or conjuration is good or ill accord- Bdrtol.in tract. 
ing as the end whereunto it is addrefTed is good or ill ; deGudpb. and 
and perhaps al To according as they are affected which Gli>eL 
are the managers of it. We lay then that the Princes of 
Ju Uh have dene well , and that in following any ether 
courfe they had failed ot the right way. For even as the 
vjuardian ought to take charge and care that the goods 
of his Pupil fall not into lois and dctriment,and if he o- 
mit his duty therein, he may be compelled to give an 
account thereof : In like manner, thofe to whofe cufto- 
dy and tuition the People have committed themfclves, 
and whom they have conit it u ted their Tutors and De- 
fenders ought to maintain them fafe and entire in all their 
rights and priviledges, Tobefhort, as it is lawful for a ^ £ 26 . 0t 
wholcPcople.ro relift and oppofe Tyranny; fo likewife D.d/rog. juri. 
the principal Perfons of the Kingdom may as Head?, 
and for the good of the whole Body, confederate and 
aflociate themfelves together, and as in a publick State, 
that which is done by the g-re'ateft part is cfteemed and 
taken as the A£t of all, fo in like manner muff it be faid 
to be done , which the berter Part of the mod Princi- 
pal have a&ed ,* briefly, that all the People had their 
hand in it. 

But here prefents it . felf another Queftion the which whether part 
defer ves to be confidered, and amply debated in regard of a Kingdom 
of the circumftance of rime.. Let us put the cafe that JP?? niakere- 
a King fceking to abolifhthe Law of God, cr mine l ance " 
the Cnurch, that ail the people or the -greateft part 
yeild their contents, that all the Princes or the greateft 
Number of them make no reckonings and notwith- 
standing, a (mail handful of people, to wit, fomc of the 
Princes and Mag'flrates defire to prcferve the Law of 
God cmiriy and inviolably, and to ferve the Lord 
purely: .what may it be lawful for them to do? if the 
King feek to compel thofe men to be Idolaters, or will 
take from them theexercife of true religion'? YVefpeak 
nzt here of private and particular perfons confidered 
one by one, and which in that ma.ner are not held 

as , 



( 38) 
as parts of the entire body$ As the planks, the Nails, 
the pegs, are no part of the Ship, neither the ftones, 
the Rafters, nor the rubbifh are any part of the Houfe: 
but we fpeak of fome Town or Province, which makes 
a portion of a Kingdom, as the prow, the poop, the 
keel and other parts make a Ship : the Foundation, the 
Roof, and the Walls make a Houfe. We fpeak alfo 
of the Magiftrate which governs fuch a City or Pro- 
vince. If we muit make our Defence with producing 
of £xamples, although we have not many ready by 
reafon of the backwardnefs and carelefnefs of men when 
there is Queftion to maintain the fervice of God : not- 
withflanding, we have fome few to be examined and 
John 21. 13. received according as they deferve. Libna, a Town of 
iChron.6.17. the Priefts withdrew it felf from the obedience of J or Am 
2 Chron. 21. ^_[ n g f J u dah, and left that Prince, becaufe he had 
10 * abandoned the God of his Fathers whom thofe of that 

Town would ferve, and it may be they feared alfo left 
in the end they fhould be compelled to Sacrifice to 
Baal In like manner when that the King Antiochus 
Commanded that all the Jews fhould imbrace his Re- 
ligion, and fhould forfake that which the God Al- 
mighty had taught them Mattatbias anfwered, we will 
and?.' 2*2. and not obey, nor will we do any thing contrary to our 
3.43'. Religion, neither did he only fpeak, but alfo being 

transported with the zeal of Phimxs, he killed with his 
own hands a Jew, which conflrained his fellow Citizens 
to Sacrifice to Idols ; then he took Arms and retired 
into the Mountain, gathered Toops, and made War 
againft Antioc bus , for Religion,and for his Country with 
fuch (wcceis, that he regained Jerusalem, broke and 
brought to nothing the power of the Pagans which they 
had gathered to ruine the Church, and then reefta- 
blifli'd the pure Service of God. If we will know who 
this Mattatbias was,he was the Father of thcMacbabees of 
the Tribe of Levi ; infomuch as it was not lawful for 
him according to the received cufbm and right of his 
race to relfore the Kingdom by Arms from the Ty- 
ranhy of Antiochus. His followers were fuch as fled 

to 



( ?9 ) 
to the mountains togerher,wich the inhabitants dModin, 
to whom had adjoyned themfelves divers neighbor- 
ing Jem, and otner fugitives from fundry quarters of 
Judea-, all which lblickonily dcfir-d the re eftabliih- 
ment of the Church. Aim oft all the reft, yea, tiie 
principals obeyed Antiocbm, and that alter the rout of 
his Army, and his own miferable Death : Although i Ma:. 6. 21. 
there were then a fair occafion to duke off his yoke, &c ' 
yet the Jem fought to the Son of Antiocbrtt, and in- 
treated '.im to take on him the Kingdom, promi- 
sing him fidelity and obedience. I might here pro- 
duce the example of Dehor a. The Lord God had 
fubj°£t-d Israel to Jabin King of Canaan, and they had 
remained in this fervitude the fpace of twenty years, 
which might feem in fome fort to have gained a right 
by prefcription over the Kingdom ; and together alfo 
that almoft. all Ifrael followed after ftrangc Gods. The 
principal and mod powerful Tribes, to wit, -Ruben, 
Ufbraim, Benj.min, D.xn % Ajher, and fome others ad- 
hered wholly to Jabin. Yet notwithstanding the Pro- 
phctefs Debora which judged Ifrael, caufed the Tribes 
of Zebulon, NepbtbaUe, and Ifacbar 3 or at the leaft 
fome of all thofe Tribes, to take Arms under the 
Conduct of Barac, and they overthrew Sifera the 
Lieutenant of Jabin, and delivered Ifrael, which had 
no thought of Liberty, and was content to remain in 
Bondage ; and having fbaken off the yoke of the Canaa- 
nites they re-eftablifhed the pure fervke of the living 
God. But for Co much as Debora Teems to have an 
extraordinary vocation, and that ths Scripture doth 
not approve in exprefs terms the doings of them of 
Libna, although that m not difallowing of their pro- 
ceedings, it may feem in fome fort to allow them, and 
for that the Hilbry of the Macbabeei hath had no great 
Authority in the Ancient Church and for that it is 
commonly held that an aflertion inuft be proved by 
Laws and Teftimomes, not by examples, let us exa- 
mine by the effect what we ought to judge according 
to the right of the Matter now in queftion. We have 

formerly 






( 4° ) 
formerly faid that the King did fwear to keep the Law of 
God, and promis'd to the uttermoft of his Power to 
maintain the Church;that the People of //r^/ considered 
in one Body covenanting by the Hi^h-Pried, made the 
fame Promife to God. Now at this prefent we fay, 
that all the Towns and all cheMagiftrar.es of thefe Towns 
which be parts and portions of the Kingdom , promife 
each of them in his own behalf, and in exprefs terms 
the which all Towns and Chriitian Communaltieshavc 
alfo done,although it have been but wiih a tacite confent. 
Jofuah 24. Jofbua being very old and near to his death , afTembied 
all Ifrael at Sichem in the prefence of God, to wit,before 
the Ark of the Covenant which was there. It is faid 
that the Antientsot the People, the Heads of theTribe, 
the Judges and Governors, and all which had any pub- 
lick command in the Town of Ifrael met together there, 
where they (wore to obferve and keep the Law of the 
Lord , and did willingly put on the yoke of the Al- 
mighty God •• whereby it appears that thefe Magiftraies 
did oblige themfelves in the Names of their Towns and 
Communaltiesjwhich did fend them to take order, that 
God (hould be ferved throughout the whole Councry,ac- 
cording as he had revealed in h is Law. And jofhuah for 
his part having palled this contract of agreement between 
God and the People, and inregiftred the whole accord- 
ing as it was done, for a perpetual memorial of the mat- 
ter he incontinently fet up attone. 

1 Chron. 18. ^ tncie were occafion to remove the Ark of the 

2 Chron. 3. Lord, The principals of the Country and Towns, the 
1 Kings 7. Capcains, the Centurious, the Provofts, and others were 

1 Chron. 28. f um moned by the Decree and Commandment of Da~ 

2 Kings 23'. viki and of the Synagogue of Ifrael^ if there be a 
2 Chron. 23. purpofc of building the Lords Temple, the famecouric 

is obferved. And to the end k be not fuppofed, that 
fbmc alteration hath been inferred after the Creation 
of Kings .- In the times of Joas and Jojias, when there 
was queftion of renewing the Covenant between Cod 
and the People, all the Fibres met together, and all 
were bound. and obliged particularly. Alfo not only 

the 



the King, but the Kingdom, arid not only all the King-- 
dom, but alfo all the Paftors of the Kingdom promiig 
each of them for their felves, fidelity and. obedient 
to God. I fay again, that not only the King and tli3 
People, but alfo all the Towns of Ifrael, and their 
Magistrates, oblige themfelves to God,and as homagers 
to their liege Lord tie themfelves to be hh for ever, 
with and againft all men , for further proof of the 
aforefaid, 1 would entreat the Reader to diligently 
turnover the Holy Bible, efpecially in the Books of 
the Kings and the Chronicles. But for a yet more 
ample explication of this matter^ let us produce for 
example what is in practife at this day. In the Em- 
pire of Germany , when the Emperor is to be crowned , 
the Electors and Princes of the Empire, as well Secular 
as Eccleflaftical , meet together perfonally, or elfe fend 
their AmbaiTadors. The Prelates, Earls and Barons,and 
all the Deputies of the Imperial Towns, come thither al- 
fo, or elfe fend fpecial Proxies ; then do they their ho- 
mage to the Emperor, either fcrthemfelves,or for them 
whom they reprefent , with, and under, certain Condi- 
tions : Now let us prefuppofe that one of thefe which 
hath done homage voluntarily, do afterwards en- 
deavor to depofe the Emperor, and advance himfelf 
into his place, and that the Princes and Barons deny 
their Soveraign the fuccors and. tribute which they owe 
him, and that they have intelligence with that other 
which conipired and fought to poijefs himfelf of the 
Imperial Throne ; Think you that they of Straes- 
bou/gb or of Nuremberg/?, which have bound them- 
felves by faith unto the lawful Emperor, have not 
lawful right to reprefs and exclude this Trayterous In- 
truder? Yea, on the contrary, if they do it nor, 
if they give -not fuccors to the Emperor in this 
his reccttity, think you thar they have fatisfied or 
performed their fealty and promiiq feing that he L , ; 0mn6 
which hath not preferved hisGovernour when he had deM.seit.uiu 
means to do it, ought to be held as culpable and guilty, D % die re mih 
as he which offered the violence and injury unto him. 

G U 



(4») 

1£ it be To (as every one may fufficiently fee it is) is k 
not then lawful for the men of Libna and of Modin ? 
and doth not their duty enjoyn them to do as much as 
if the other Eftates or the Kingdom have left God to 
whofe fervice and pleafure they knew and acknowledge 
thcmfelves to be bound to render obedience. Let us 
imagine then fome J or am or Antiochx which aboliiheth 
true Religion, and lifts up himfclf above God, that 
Ifrael connives and is content, what fhould that Town 
do which defires to ferve God purely ? Firil , they 
Jofli. 14. 15. fhould fay with Jojhua, for their parts, look whom 
ycu defire rather to obey, the living God, or the Gods 
of the Amorites, for our parts we and our Families will 
ferve the Lord. Chufe you then I fay, if you will 
obey in this point him, which without any right ufurps 
that power and Authority which no way appertains unto 
him, for my part,' hap what may, I will keep my 
faith to him to whom I promifed it. I make no 
queftion but that Jojhu would have done the utter- 
mod- of his endeavour to maintain the pure fervice of 
the living God iu r Thamnathe Seratbe, a Town of £- 
fhraim, where his Houfe and Eftate lay 5 if the Israelites 
befides had fo much forgot themfelves as to have wor- 
shipped the God of the Amorites in the Land of 
Canaan. But if the King fhould pafs yet further, and 
fend his Lieutenants to compel us to become Idolaters, 
and if he commands us to drive God and his fervice 
from amongft us > (hall we not rather (hut our Gates 
againft the Kins and his Officers, then dtive out of our 
Town tire Lord which is the King of Kings ? Let the 
BurgeiTesand Citizens of Towns, Let the Magistrates and 
Governors of the People of God dwelling in Towns, 
co: (Her with themfelves that they have contracted two 
Covenants, and taken two Oaths.- The firft and mod: 
ancient with God, 10 whom the People have fworn to 
be his people : the fecond and next following, with 
the King, to whom the people hath promifed obedi- 
ence, as unto him which is the Governor and Con- 
ductor of the people of God. So then 3 as if a Vice- 
Roy 



( +3 ) 
Roy confpiring againfthis Soverafgn, although he had 
received from him an unlimited Authority* if he 
fhould fummon us to deliver the King whom he held 
bclieged within the inclofure of our Walls, wc ought 
not to obey him, but refill with the -uttcrmoft of our 
power and means according to the Tenor of our Oath 
of Allegiance : In like manner think we that it is not 
a wickednefs of all mod deteftable, if at the plcafure 
of a Prince which is the vafla! and fervant cf God, wc 
fhould drive God from dwelling amongff us, or deliver 1Q CoS dg 
him fas far as in us IiethJ into the hands of his Erie- ^ rwM f/<h,# 
mies. You will fay, it may be that the Towns ap- c i. denovx 
pertain to the Prince. And I anfwer, that the Towns f del. form. 
confift not of a heap of ftones, but of that which wc 
call People, thai the People is the People of God, to 
whom they are firft bound by Oath .- and Secondly, 
to the King. For the Towns, although that the Kings 
have power over them, notwithstanding the right of 
Inheritance of the Soil belongs to the Citizens and 
owners, for all that which is in a Kingdom 3 is indeed 
under the Dominion of the King, but not of his pro- 
per Patrimony : God in truth is the only Lord pro- 
priator of all things, and it is of him that the King Senec< 7 de 
holds his Royalties, and the people their Patrimony. Bene f. e." 6, 7. 
This is as much as to fay, you will reply, that for &c. 
the caufe of Religion it fhall be lawful for the Subjects 
to revolt from the obedience of their King, if this be 
once granted, it will prefentty open a gap to rebellion ? 
But hearken I pray you patiently, and confider this 
matter more throughly : I might anfwer in a word, 
that of two things, if the one mud: needs be done, it 
were much better to forfake the King, then God ^ or 
with St. Augufiine in his fourth Book, of the City of 
God, chap. 4. and in the Nineteenth Book, and Chap- 
ter the 21. That where there is no Juftice, there is no 
Common-wealth, that there is no Juftice, when he 
that is a mortal man would pull another man out of 
the hands of the immortal God, to make him a flave 
of the Devil, feing that Juftice is a vertuc that gives to 

G a every 



(44) 

'every one that Which is his own, and that thofe wfcicli 
draw their Necks out of the Yoke of fuch Rulers, 
deliver thernfelves frqm the Tyranny of wicked Spi- 
rits, and abandon a multitude of robbers, and not the 
Commonwealth. But to rc-aflume this Difcourfe a lit- 
tle higher, thofe which (hall carry thernfelves as hath 
been formerly fai J, feem no ways accufablc of the 
crime of revolt. Thofe are faid properly to quit the 
King or the Common-wealth, which with the heart and 
purpofeofan Enemy withdraw thernfelves from the o- 
bedienceof theJCing or the Common- wealth, by means 
whereof they are juftly accounted Advcrfaries, and are 
often- times much more to befeared, then any other E- 
nemies. But thofe of whom we now fpeak,do nothing 
refemble them. Fir(t,they do in no fort refule to obey, 
provided that they be commanded that which they 
may lawfully do, and that it be not againft the honour 
of God. 

L. $. D. de They pay willingly the Taxes, Cuftoms, Imports,. 

cap. minut. and ordinary payments, provided that with thefethey 
feek not- to abolifh the tribute which they owe unto 
God. They obey C^jar while he commands in the qua- 
lity of C<*far , but when Ccfar paiTeth his bounds 3 wbeu 
he ufurps that Dominion which is none of hisown.when 
he endeavours to affail the Throne of God , when he 
wars again!]: the Soveraign Lord both of himfelf and 
the People ; they then efteera it xcafonablc not to obey 
Cafar, and yet after this to fpeak properly, they do no 
Acts of hofiility. He is properly an Enemy which ftirs 
up , which provokes another,which out of military in- 
folency prepareth and ferteth forth Parties to War.-They 
have been urged and aflailed by open War, and clofe 
and treacherous furprifals; when death and deftrucriou 
environs them round about, then they take arms , and 
wait their enemies aflaults .- you cannot have Place with 
your enemies when you will 5 for if you lay down your 
Weapons, if you give over making War they will, 
not for all. that di farm thernfelves, and loofe their ad- 
vantage. But for tbefe Men, defice but place and you 

have 



r 45 ) 

have it, give over but affailing them, and they will 
lay ctaw I their Arms, ceale to fight againft God, and 
-they will prcfently leave the lifts, will you take their 
Swords out of their hands > abftain you only then from 
ftriking, feeing they are not the aitaiiants, but the de- 
fendants, fheath your Sword, and they will prefently 
caft their Buckler on the ground,which hath been the rea- 
fen that they have been often furprized by perfidious 
ambufcadocs, whereof thefe our times have afforded 
over frequent examples. Now as we cannot call that 
fervant ft uborn or a fugitive, which puts by the blow, 
which his Lord ftrikes at him with his Sword, or which 
-withdraws or hides himfelf from his Matters fury, or 
fhuts his Chamber door upon him, until his Choler 
and heat be palled over, much lefs ought we to elteem 
thofe feditious, which (holding the name and place 
of Servants and Subje£ts) fhut the Gates of a City a- 
gainfl; their Prince, tranfported with anger, being ready 
to do all his juft Commandments , after he hath re- 
covered his judgment, and related his former indigna- 
tion ; we muft place in this rank, David Comrnan- l sm. 21.22; 
der of the Army of IjraeliUndcr: Saul, a furious King.Dd- 2 sm 
vid oppreiled with calumnies and falfe Taxations,warch- 
ed and way-layed from all parts , he retired unto , and 
defended himfelf in unacceffible Mountains, and provi- 
ded for his defence to oppofe the walls of Ceila againft the 
Fury of the King ; yea, he drew unto his Party all thofe 
that hecould , not to take away Saul's Life from him , 
as it plainly appeared afterwards , but to defend his own 
Caufe.- fee wherefore Jonathan the Son of «SU'//,made no 
difficulty, to make alliance with David , and to renew it 
from time to time , the which is called the Alliance of 
the Almighty. And Abigalhkh in exprefs words, that 
David was wrongfully aflailed, and that he made the 
War of God. We mud alfo place in this rank the Mi- Mack 6. 60,. 
chabees , which having good means to maintain Wars, &c « 
were content to receive Peace from King Demetrius and 
others, which Antiocbm had offered them before^becaufe 
by it, they fiiould be fecured in che free polTeilion and 

exercife 



cxcrcife of their Religion. We may remember that 
thofe which in our times have fought for true Religion 
•againlT Anticbrift> both in Germany and France, have 
laid down Arms as foon as it was permitted them to 
(erve God truely according to his Ordinance, and of- 
tentimes having fair means and cccafion to advance and 
continue the War to their much advantage.- as had 
David and the Macbabees, where the Pkiliflim con- 
flrained Saul to leave David to look to his own defence, 
and thofe Clouds of neighbouring enemies rn Antiochm, 
faw ready to diflblve upon his head, hindered him al- 
io from purfuing the Machabees. See then the marks 
which difiinguifh and feparate fufficiently thofe of 
whom we fpeak from Rebels or Seditious. 

But let us yet fee other evident Teftimonies of the 
equity of their caiife; for their defection is of that na- 
ture, that take but away the occafion, if fomeextrcam 
neceffity compel not the contrary, they prefently re- 
turn to their former condition, and then you cannot 
properly fay, they fcparated themfelves from the King, 
or the Communality ; but that they left Joram, and 
Antiochm, or if you will, the Tyranny and unlawful 
power of one alone, or if divers particulars, which had 
no authority nor right to exact obedience in the fame 
manner, as they commanded, The Sorbonijl Doctots 
have taught us the like fundry times r whereof we will 
alledge fome examples. 

About the year 1 300 Pope Boniface the 8 feeking to 
appropriate to his Sec, the Royalties that belonged to 
the Crown of France : Philip the fair, the then King, 
doth taunt him fomewhat fharply : the tenor of whole 
tart Letters are thefe ; 

Philip by the Grace of God, King of the French, to 
Boniface, calling himfclf Soveraign Bifhcp, little or no 
health at all. 

Be it known to the great foolifhnefs and unbounded 
rafhnefs, that in temporal Matters we have only God 
for our fuperior, and that the vacancy of certain 
Churches, belongs to us by Royal Prerogative. 

ana 



and that appertains to us onlv to gather the fruits 
and we will defend the pofTeffion thereof againfr 
all oppofers, with the edge of our Swords, accounting 
them fools, and without brains that hold a contrary 
opinion. In thofc times all men acknowledged the 
Pope for Gods Vicar on Earth, arid Head of the 
Univerfal Church.- Infomuch, that fas it is faid) com- 
mon error went inftead of a Law, notwithstanding 
the Sorbonifti being aifembled, and demanded, made 
.^nfwer, that the King and the Kingdom might favcly 
without blame or danger of Schifm, exempt them- 
feives from his obedience, and flatly refufe that which 
the Pope demanded ; for fo much as it is not the fe- 
paration, but the caufe which makes the Schifm, and 
if there were Schifm, it (hculd be only in feparating 
from Boniface, and not from the Church, nor from 
the Pope, and that there was no danger nor oflence in 
fo remainiug until fome honeft man werechofen Pope. 
Every one knows into what perplexities, the confeiences 
of a whole Kingdom would fall, which held tbem- 
felves feparated from the Church, if this diftindion be 
not true. 1 would demand now, if it be not yet more 
lawful to make ufeof this diftin6h'on, when a King in- 
vades and incroacheth on the jur»tfdi6tion of God, and 
Oppi efleth with hard fervitude,, the Souls dearly bought 
with the pretious blood of Jefm Cbrifl. Let us add 
another example. 

In the year cf our Lord 1408. when Pope BenediB 
the I J, did oppofe the French Church by tributes and 
exactions ; the Clergy afTembled, by the Command of f 

King Charles the 6 decreed, That the King and Inhabi- f "^£ fl . 
tarjts of the Kingdom ought not to obey Beneaitf, fi re jet. 
which was an Heretick, a Schifmatick, and altogether 
unworthy of that dignity: the which theEftates of the 
Kingdom approved, and the Parliament of Paris confirm- 
ed by a decree. The fame Clergy alfo ordained rhat 
thofc which had been excommunicated by that Pope, 
as forfakcrs and enemies of the Church, fhould be pre- 
fentlv abfolved, nullifying all fuch excommunications, 

and 



( 4«; 

Tjnd this hath been pra&ifcd not in France only, bat 
in other places alfo , as Hiflories do credibly report 
The which gives us jitft occafion molt perfpicuoufly to. 
fee and know, that if he which holds the place of a 
Prince do govern ill, there may be a feparation from 
him without incurring juftly the blame of revolt ^ for 
that they are things in themlelves dire&Iy contrary, to 
leave a bad Pope, and forfake the Church, a wicked 
King, and the Kingdom. To return to thofe of Lob- 
a T^ngs 19.8. m ^ t h e y f eem ; to [ iave f n owec i m f s before remem- 

bred expedient • for after the re- eftabli foment of the 
fervtce of God they prefcntly became again the Sub* 
jefts of King Ez.ekia^ And if this diftinftjon be 
allowed place, when a Pope ircroacheth on the rights 
of any Prince, which nctwithfianding m fome cafes 
acknowledgcth him for his Soveraign. Is it not much 
more allowable, if a Prince which is a Vaflal in that 
refpe£t, endeavours to allure and appropriate to him- 
fe4f the rights of God. Let us conclude then to end 
this difcourfe, that all the people by the authority of 
Extriv.de nu-thofe* into whofe hands they have committed their 
y>. & obed. power, or divers of them may, and ought to reprove 
and reprefs a Prince, which Commands things againft 
God. In like manner, that all, or at the leaft, the 
principals of Provinces or Towns, under the Authori- 
ty of the chief Magiftrates, eftablifhed firft by God, 
and fecondly by the Prince, may according to Law 
and Rcafon, hinder the entrance of Idolatry, within 
the inclofure of their Walls, and maintain their true 
Religion: yea further, they may extend the Confines 
ot the Church, which is but one, and in failing hereof 
if they have means to do it : they juftly incur the 
penalty of High-Treafon again ft the Divine Majefty. 
Whether private wen may refiji by Arm$> 
It remains now that we fpeak of particulars which 
arc private Pcrfons. Firft, particulars or private Per, 
i.ficut 7, j 1. lon . s » are not bounc * to takc ll P Arms againft the Prince 
v.qwdcufof- vwidn would compel them to become Idolaters. The 
luevniver}. Covenant between God and 2II the people who pro- 
mi fe 



(49) 

mife to be the people of God, doth not in any Tort 
bind them to that; for as that which belongs to the 
whole univerfal body, is in no fort proper to particu- 
lars : fo in like manner that which the body owes and 
and is bound to perform, cannot by any fenfible rea- 
fon be required of particular Perfons; neither doth their 
duty any thing oblige them to it ; for every one is bound 
to ferve God in that proper vocation, to which he is cal- 
led . Now private Perfons they hsve no Power, they 
have no publick command, nor any calling to unfheath. 
the fword of Authority and therefore as God hath 
not put the Sword into the hands of private Men;fodoth 
he not require in any fort that theyfhould (trike with it. 
Jc is faid to them, fut up thy [word into thy Scabbard.Oa Mat. 26. « 
the contrary the Apoftles fays of Magiitrates , they car- Kom. 13. „ 
rv not the Sword in vain^ If particular Men draw it forth 
they make themfelves Delinquents; If Magiftrates be 
flow and negligent to ufe it when juft occafion is offered, 
they are likewife juftly blameable of negligence in per- 
forming their duties, and equally guilty with the former. 
But you will fay unto me, hath not God made a Cove- 
nant j as well with particular Perfons as with the genera- 
lity, with the leaft as well as the higheft? To what pur- 
pofeyvas Circumcifionand Baptifm ordained? What 
meaneth that frequent repetition of the Covenant in fo 
many Paflages of Holy Writ* All this is true, but the 
confideraaon hereof isdiverfe in their feveral kinds ; For 
as all the Subjects of a good and faithful Prince, of what 
degree foevcr they be , are bound to obey him ; but 
fomeof them notwithstanding have their particular du- 
ty, as Magiftrates mu ft hold others in obediencc,in like 
manner all Men are bound to ferve God ^ butasfome 
they are placed in a higher rank, have received greater 
Authority in fo much as they are accountable for the of- 
fences of others ; ii they attend net the charges of the 
Communalty carefully. 

The Kings, the Communaltics of the People, theMa- 
giftrates iato whofe hands the whole Body of the Com- 
mon-wealth hath committed the fword of authority, 

H muft 



C 50) 
muft and ought to take care that the Church be main- 
tained and preferred , particulars ought only to look 
that they render themfclves Members of this Church. 
Kings and Popular Eib.tes are bound to hinder the pol- 
lution or mine of the Temple of God, and ought to free 
and defend it from all corruption within, and all injury 
from without. Private Men muft take order, that their 
Bodies, the Temples of God,be pure,that they may be 
fit receptacles (or the Holy Ghoft to dwell in them. If a- 

\.Cer. 3. 17. ny man defile the Temple of Gcd,faith the Apcftle, him 

and 6. 19. ' fhall God deftroy ; for the Temple of God is holy , 
which Temple ye are, to the former he gives the fword 
which they bear with authority : to the other he recom- 
mends the fword of the Spiritonly, to wit, theword of 

£fM.6,\j. God, wherewith St. Paul arms all Christians, agaii ft 
the adaults of the Divel, what nhall then private men 
do ? it the King 'will conitrain them to ferve Idols ? 
If the Magifhates into whofe hands the people hath con- 
i'igned their Authority, or if the Magiftrates of the place, 
where thefe particulars dwell,dooppofe thefe proceedings- 
of the King : let them in Gods name obey their lea- 
ders, and imploy all their means fas. in the fervice of 
God) ro aid the Holy and commendable Enterprifes 
of thofe, which oppofe themfelves lawfully, againft 
his wicked intention. Amongft others, they have the 
examples oi the Centurions, and men at arms, which 
readily and cheerfully obeyed the Princes oijuda, who 
ftirred up by Jehoidas, purged the Church from all 
prcphanation, and delivered the Kingdom from the 
Tyranny of Athiliab. But ii the Princes, and Magi- 
strates, approve the courfes of an outragious and irre- 
ligious Prince, or if they do not refill him, we mull 

Mm 10. 23. lend our . Ears to the Council of Jefus Chrift, to wit, 
retire our felves into fome other place} wc have the 
example of the faithful mixed among the ten Tribes 
of TjraeU wno &'">£ tnc tiue ft' vice cT God abolished 
by Jeroboam, and that none made any aceumpt of- it, 
they reared themfelves into the territories of j.vqpk 
where Religion remained in her purity: ictus rather 

forfakc 



(5D 

forfake our livelyhoods and Jives, then God, let us 
raihcr be Crucified our fdves, then Crueifie the Lord 
of Life: fear not them ffaith the Lord) which can only 
kill the Body. He himfelf, his Apojlel^ and an infihie 
Number of Chriftian Martyrs, have taught us this by 
their examples ; fnall ft not then be permitted to any 
private perfon to refift by Arms > what (hall we fay 
of Mtfet, which lead Ifrael away in defpite of King 
Pbaroab t And of Ebud, which after ten Years fervi- 
tude, when Ifrael might feem to belong by right of 
prefcription, to him which held the pofleffion thereof, 
he killed Eglon, the King of Maab, and delivered Ifrael 
from the Yoak of the Mo.ibites, and of Jehu, which put 
to death his Lord the King Joram, extirpated the race 
of Ahab) and diftroyed the Priefts of Baal y were not 
thefe particulars ? I anfwer, that if they be confidered 
in thcmfelves, they may well be accounted particular 
perfons, infomuch as they had not any ordinary vena- 
tion ; But feeing that we know that they were called 
Extraordinarily, and that God himfelf hath (i( we may 
fo fpeakj put his Sword into their hands, be i: far from 
us to account them particular or private perfons : but 
rather let us eftcem them by many degrees, excelling 
any ordinary Magiftratcs whatfoever. The calling of 
Mofes is approved by the exprefs word of God, and by 
mod evident miracles, it isfaid of Ehud, that God ftir- 
red him up to kill the Tyrant, and deliver Ifrael-, {or 
Jehu, he was anointed by the Commandment of the 
Prophet Eliz.eus, for to root out the race of Ahah, be- 
fides, that the principal men faiuted him King, before 
he executed any thing. There may as much be fa id 
of all the reft, whofe examples are propounded in holy 
Writ. But where God Almighty doth not fpeak with 
his own mouth,nor extraordinarly by his Prophets, it is 
there that we ought to be exceeding cautious, and to 
ftand upon our Guards •, for if any fuppofing he is in- 
fpired by the Holy-Ghoft, do .attribute to hwrifelf the 
before mentioned Authority, I would intreat him to 
look that he be not puffed up with vain Glory, and 
H x leaft 



0&) 

leaf! he make not a God to himfelf of his own fancy, 
and Sacrifice to his own invenrions, let him not then 
be conceived wiih vanity, lea ft inftead of: Fruit he 
bring forth deluding Lies. Let the people alio be ad- 
vifed on their parts, leaft in defiring to right under the 
Banner of Jefus Cbrijl, they run not to their o^n con- 
fufion to follow the Army of fomc Oallilean Thendus^ 
or oiBweozJbA •■ as ic happened to the Peafafitl and Ana- 
baftifts of Manlier, in Qermany^m the Year 132$. I will 
not fay, notwithftandi. g that the fame God which to 
puniftT our offences, hath fent us in theie our days, 
both Pbaroes and Ah&h, may not fometimes raifeup 
extraordinary deliverances to his people : certainly his 
juftice and his mercv continue to all Ages, firm and 
immutable. Now if thefe vifible miracles appear not 
as in former times ; we may yet at the leaft fall by the 
cr?e6ts that God works miraculoufly in our Hearts,which 
is when we have our minds free from all ambition, a 
true and earned zeal, a right knowledge, and confeience ; 
leaft being guided bv the Spirit of errour or ambition, 
we rather make Idols of our own imaginations, then 
ferve and worfhip the true and living God. 

Whether it be lawful to takg Arms for Religion f 

Furthermore to take away all fcruple, we rnuftneccf- 
farily anfwer, thoie which efieem, or clfe would, that 
others lhould think they hold that opinion, that the 
Church ought not to be defended 1?y Aims. They 
lav with all that, it was not without a great Mi fiery, 
that God did forbid in the Law, that the Altar fhould 
be made or adorned with the help of any Tool of Iron ; 
in like manner, that at the building of the Temple of 
Solomon .• there was not heard any noife Ax or Ham- 
mer, or other Tools of Iron ; from whence th?y Col- 
iccl the Church which is the lively Temple of the Lord, 
ought not to be reformed by Arms : yea, as if the 
Stones of the A l car, and of the Temple, were hewed 
and taken out of the quarries without any Inftrumcntoi 

Iron, 



( H 



Iron, which the l ext of the Holy Scripture doth diffid- 
ently clear. But ii we oppofe to this goodly Allegory, 
that which is written In the fourth Chapter of the Book 
of ttthemiab, that one part of the people carried mor- 
tar, and another part flood ready with their weapons, 
that fome held in o :e hand their fwords , and with the 
other carried the Materials to the workmen, for the re- 
building of the Temple; to the end, by this means to 
prevent their Enemies trom ruinrg their Work -, we 
fay alfo,that the Church is neither advanced, nor edify- 
cd by thefe material weapons \ but by thefe arms it is 
warranted, and prefcrved from the violence of the ene- 
mies, which will not by any means endure the encreafe 
of it. Briem/jthere hath been an infinite number of good 
Kings and Piincesfas Hiftories do rcltifie,which by Arms 
have maintained and defended the fervice of God a- 
gainfl Pagans. They reply readily to this, that Wars 
in this manner were allowable under the Law; butfince 
the time that Grace hath been offered by Jefus Chrift, 
who would not enter into Jerufakm mounted on a 
brave Horfe;but meekly fitting^on an Afs ; thi* man- 
ner of proceeding hath had an end,l anfwerfirft. that all 
ar^ree with me in this, that our Saviour Chrift during alt 
the time that he converfed in this world, rook not on 
him the Office of a Judge or King ; but rather of a pri- 
vate Perfon, and a Delinquent by imputation of our 
tranfgretlionsj fo that it is an Allegation belides the pur- 
pofe, to (ay that he hath not managed Arms.But I would 
willingly demand of fuch Exceptionifts; whether that 
they think by the coming ot Jefus Chrift in the fle(h,that 
Magiflratcs have loft their right in the Sword of Au- 
thority? It they fay fo,5t.P4.^ contradi£ts therrn who ^r™ 1 ' 13 ' 4 ' 
fays that the iVlagiftiates carrys not theSword in vain,and s 23 " I7 ' 
did not refufe theft aiiiftance and power 5 againit the . vio- 
lence of thofe which had confpired his death. And if 
they confent | to the faying of the Apoftle : to what pur- 
pose fhould the Maga%ates bear the- Sword, if it be no:- 
to ferve God , who' hath 'jc&ttxmked ft to them, to de- 
fend the good and- punifh the bad? Cab they do' better 

fervice. 



( 54) 
iervicethanto preferve the Church from the violence of 
the wicked, and to deliver the flock of Chrift, from the 
fwordsof murtherers ? I would demand of [hem yet, 
whether they think that all ufe of Arms is forbidden to 
Chriftians ? If this be their opinion, then would I know 
of them, wherefore Chrift did grant to the Centurion 
hisrequeft? wherefore did he give fo excellent atefti- 
Mxtx. 8.9 13- monyof him? wherefore doth St.Jobn Baptift com- 
Luc. 3. 14. mand the Men at Arms to content themfelves with 
jtl. 10. 47. ^g-,. p a y^ anc j not co u f ean y extortion, and doth not ra- 
ther perfwade them to leave their calling ? Wherefore 
did Si.Peter baptize Cornelius the Ccnturian, who was the 
firft-fruits of the Gentiles ? From whence comes it that he 
did not in any fort whatloever councel him to leave his 
charge ? Now if to bear arms and to make War be a 
thing lawful, can there podibly be found any War more 
juft, than that which is taken in hand by the command ot 
the Superiour, for the defence of the Church, and the 
prefervation of the faithful ? Is there any greater tyran- 
ny, than that which is excrcis'd over the Soul? Can there 
be imagined aWar more commendable than that which 
fupprelieth fucha Tyranny? For the laft point, I would 
willlingly know of thefe Men , whether it be abfolutely 
prohibited Chriftians , to make War uporj any occa- 
fion whatfoever < li they fay,that it is forbidden them, 
from whence comes it then that the Men at Arms, 
Captains and Centurions, which had no other employ- 
ment j but the managing of Arms were always receiv- 
ed into the Church ? wherefore do the antient Fathers, 
andChriftian Hiftorians make fo horrible mention of 
certain Legions compofed wholly of Chriftian Souldi- 
crs, and amongft others of that of Alalia, Co renown- 
ed for the vi&ory which they obtained, and of that of 
Thebes^ of the which Si. Mauritius was General, who fuf- 
fered Martyrdom together with all his Troops, for the 
confefling the Name of Jcfus Chrift ? And if it be per- 
mitted to make War (as it may be they will confefsj to 
keep the Limits and Towns of a Country, and tore- 
pulfe an "invading Enemy ■ Is it not yet a thing much 

more 



( 5s ; 

more .reafonable,to take Arms to preferve and defend 
honed Men, to fuppreis the wicked, and to keep and de- 
fend the limits and bounds of the Church, which is the . 
Kingdom oi JefusChrifl ? If it were other wife,to what 
purpofe? fhouldSt. John have foretold, that the Whore 
of Babylon^ (ball be finally, ruined by the ten Kings, Apoc. 27. 26. 
whom (he hath bewitched? furthermore, if we hold a 
contrary opinion, what (hall we fay of the Wars of 
Conji Amine, againft Maxentm^ and Licimim^ celebrated 
by lb many publick orations, and approved by the 
Teftimony of an infinite number of Learned Men,what 
opinion (hould we hold of the many Voyages, made by 
Chriftian Priices, agaiufl; the Turks and Saraum to 
Conquer the Holy .Land, who had not, or at the leaf}, 
ought not to have had, anv other end in their defigns; 
but to hinder the enemy from ruining the Temple of 
the Land, .and to t'eftore the integrity of his fervice in- 
to thole* Countries, Although then that the Church be 
not increafed by Arms, notwithstanding it may be 
juftly prefer ved by the means of Arms ; I fay farther, 
that thofe that dye in fo holy a War, are no lefs the 
Martyrs of Jefus Chrift, then their brethren which were 
put to death for Religion ; nav, they which dye in that 
War feem to have this inadvantage, that with afree 
will and knowing fufficiently hazard, into which they 
caft themfelvesj notwithftanding, do couragioufly ex- 
pofc their lives to death and danger, whereas the 0- 
ther do only not refufe death , when it behoveth them 
to fuffer. The Turfy ftrive to advance their opinion by 
the means of Arms, and if they do fubdue a Country, 
they prelently bring in by force the impieties of Maho- 
met , who in his Alcoran, hath fo recommended Arms , • 
as they are not albamed to fay it is the ready, way to 
Heaven , yet do the TurQ conft rain no man in matter of 
Confcier.ce. But he which is a much greater Adverfa- 
ry to Chrtfl and true Religion , with all thofe Kings 
whom he hath inchanted, oppolcth Fire and Fagots, to 
the light of the Gofpel, tortures the word of God, com- 
pelling by wracking, and torments,, as much as in him, 

lieth , 



( 4<5) 
licth , all men to become Idolaters^ and finally fsnot 
afljamed, to advance and maintairrtheir Faith and Law 
by perfidious difloyalty, and their traditions by con- 
tinual Treafons. Now on the contrary, thofe good 
Princes and Magiflrates, are faid properly to defend 
themfelves, which invirone and fortifie by all their 
means and induftry the vine of Chrift, already planted, 
to be planted in places where it hath not yet been, lead 
the wild Boor of the Forcft (houldfpoil or devour it: 
They do this (I fay) in covering with their Buckler, and 
defending with their fword, thofe which by the preach- 
ing of theGofpel have been converted to true Religion, 
and in fortifying with their bed ability, by Ravelins, 
Ditches, and Rampers the Temple of God built with 
lively (tones, until it have attained the full height, in 
defpite of all the furious aflaults of the enemies there- 
of, we have lengthened out this cfifcourfc thus far to 
the end, we might take away all fcruple concerning 
this quefKon. Set then the Eftates, and all the Offi- 
cers of a Kingdom, or thegreateft part of them, every 
one eftablinYd in authority by the people.- know, that if 
they contain not within his bounds for atthelcaft, im- 
ploy not the utmoft of their endeavours thereto) a King 
that feeks to corrupt the Law of God, or hinders the 
reeftablifhfnent thereof, that they offend grievoufly a- 
gainft the Lord, with whom they have contracted Co- 
venants upon thofe conditions: Thofe of a Town, or of 
a Province, making a portion of a Kingdom, let them 
know alfo, that they draw uponthemrdves the judgment 
of God, if they drive not impiety out of their Walls 
and Confins, if the King feek to bring it in, or if they 
be wanting topreferve by all means, the pure Do&rin of the Gof- 
pel, although for the defence thereof, they futfer for a time banifh- 
ment, ©r any other mifery. Finally, more private men muft be all 
advertifed, that nothing can excufe them, if they obey any in 
that which offends God, and that yet they have no Right nor War- 
rant, neither may in any fort by their private authority take 
Arms, if it appear not moft evidently, that they have extraordi- 
. nary vocation thereunto, ali which our difcourfe will fuppofe we 
> have confirmed bv pregnant Teftimonies drawn from holy writ. 

THE 



( 57 ) 



The Third QjiESTlON. 

Whether it be lawful to refifl a Prince which doth op- 
frefi or Ruin a Publicly State^ and how far fuch re- 
fiftance may he extended, by whm, how'*, and by what 
Right, or Law it is permitted. 

FO R fo much as we mud here difpute of the lawful Au- 
thority of a lawful Prince, I am confident that this 
Queftion will be the left acceptable to Tyrants, and wicked 
Princes j for it is no marvel ifthofe which receive no Law, 
but what their own Will, and Fancy dictates unto them, be 
deaf unto the voyce of that Law which is grounded upon 
Reafbn. But I perfwade my felf that good Princes will 
willingly entertain this Difcourfe, infbmuch as they fufficient- 
ly know that all Magiilrates, be they of never fo high a 
Rank, are but an inanimated and fpeaking Law, neither 
though any thing be prefled home againft the bad, can it fall 
within any inference againft the good Kings, or Princes 
asalfo good and bad Princes are in a direct Diameter oppo- 
fite and contrary ; therefore that which fhall be urged a- 
gainft Tyrants, is fo far from detracting any thing from 
Kings, as on the contrary, the more Tyrants are laid open 
in their proper Colours, the more Glorious doth the true 
Worth, and Dignity of Kings appear ; neither can the vitious 
imperfections of the one be laid open but it gives Addition 
of perfections, and refpect to the Honour of the other. But 
for Tyrants let them fay and think what they pleafe, that 
fhall be the leaft of my Care ; for it is not to them ; but 
againft them that I Write j for Kings I believe that they will 
readily Content to that which is propounded, for by true 
proportion of Reafbn they ought as much to hate Tyrants 
and wicked Governors, as Shepherds hate Wolves, Phifici- 

I ans 



■s£k 



( y* ) 

ans, Imprifoners, true Prophets, falfe Djfbrs, for it mull 
neceffmly occur that Reafbn infuieth into good Kin^s as 
much hatred againff. Tyrants, as Nature imprinteth in Dogs 
againft Wolves, for as the one lives by Rapine and fpoyl* 
io the other is born or bred to redrefs and prevent all fach 
Outrages. It may be the Flatterers of Tyrants will caff, a 
fupercilious A/peel: on the(e Lines; but if they were not pad 
all Grace they would rather blufh for fhame. I very well 
know that the Friends and faithful Servants of Kings will 
not only approve and lovingly entertain this Difcourfe but 
alio with their "beft Abilities defend the Contents thereof 
accordingly as the Reader (hall find himfelf moved ei- 
ther with Content or diflike in the reading hereof, let him 
know that by that he (hall plainly difcover either the affecti- 
on, or hatred that he bears to Tyrants, let us now enter in- 
to the matter. 

Kings are made by the People. 

We hare (hewed before that it is God, that doth appoint 
Kings, which chufeth them, which gives the Kingdom to 
tfoem : now* we fay that the People eftablifh Kings, putteth 
the Scepter into their hands, and which with their Suffrages, 
approveth the Election. God would have it done in this 
manner, to the end, that the Kings mould acknowledge, that 
after Gcd they hold their power and Soveraignty from the 
people, and that it might the rather induce them, to apply 
and Addrefs the utmoft of their care and thoughts for the 
profit of the people, without being puffed with any vain i- 
maginalion , that they were formed of any matter more 
excellent then other Men ; for which they were railed ib high 
above others : as if they were to Command our flocks of 
(heep, or heards of Cattel ; but let them remember and 
?<now, that they are of the fame Mould and Condition as 
others, raifed from the Earth by the voice and Acclamations , 
now as it were upon the moulders of the people unto their 
Thrones, that they might afterwards bear on their own 
fhoulders the greateft burthens of the Commonwealth. Di- 
rers Ages before that the people of Ifrael demanded a King, 
God gave and appointed the Law of Royal Government 

contained 



( 19 ) 

contained in the 17. Chapter Verfe 14. of Dcut. when fays 
Mofet, thou art come unto the Land which the Lord thy 
God giveth thee, and (halt poflefs ir, and (halt dwell there- 
in, and (halt lay, I will let a King over me like as all the 
Nations that are about me, 4:hou (halt in any wife let him 
whom the Lord thy God (hall chufe from amongft thy Bre- 
thren, &c. You lee here , that the Election of the King 
« attributed to God, the eftablifhment to the people : now 
when the practice of this Law came in ufe, fee in what 
manner they proceeded. The Elders of jjracl which prefen- -_ 
ted the whole Body of the people, ( under this name of El- * ' *' 

ders, are comprehended the Captains, the Centurions, Com- 
manders over fifties and tens, Judges, Provofts ; but princi- 
pally the chiefeft of Tribes ) came to meet Samul in fyimah, 
and not being willing longer to endure the Government of 
rhe Sons of Samuel, whole ill Carriage had juftly drawn on 
them the peoples diflike, and withal perlwading themfelves 
that they had found the means to make their Wars hereafter x m% ^' 
with more advantage, they demanded a King of Samuel, who 
asking Councel of the Lord, he made known that he had 
chofen Saul fcr the Governor of his people. Then Samuel 
anointed Saul, and performed afl thofe Rights which belong 
to the '"Election of a King required by the people. Now 
this might perhaps have feemed fofficient, if Samuel had 
prefented to the people the King that was chofen by God, 
and had admonifhed them all to become good and obedient 
Subjects. Notwithstanding to the end, that the King might 
know that he was eftabliflied by the people, Samuel appoin- 
ted the Eftates to meet at Mijpab, where being affembled as if 1 Sam. 20,1 2. 
the bufinefs were but then to begin, and nothing had alrea- & Cm 
dybeen done, to be brief as if the Election of Saul were then 
only to be treated of, the Lot is call and falls on the Tribe 
of 'Benjamin, after on the Family of Matri, and laftly on 
Saul, born of that Family who was the fame that God had 
chofen : Then by the Confent of all the people Saul was de- 
clared King. Finally, that Saul nor any other might attri- 
bute the aforefaid buhnefs to chance or Lot, after that Saul 
had made fbme proof of his Valour in raifing the fiege of 
the Ammom'iet in Jabifo Gilead .- fbme of the people prctfing 

I 2 the 



( 6o ) 

" the bufinefs he was again confirmed King in a full aflembly 
at Gtlgal; ye fee that he whom God had chofen, and the 
Lot had feparated from all the reft , is eftablifhed King by 
the Suffrages of the People. 

And for David, by the Commandment of God, and in a 
^manner more evident then the former, after the rejection of 
Said, Samuel anointed for King over ljrael ; David chofen by 
the Lord, which being done, the Spirit of the Lord prefently 
left Saul, and wrought in a fpecial manner in David; But 
David notwithftanding Raigns nor, but was compelled to fave 
himfelf in Defaris ,an4 Rocks, oftentimes falling upon the 
very brim of defrru&ion, and never Raigned as King till 
after the Death of Saul ; for then by the Suffrages of all 
the People of judah he was firft chofen, King of Judah, 
and feven years after by the Confent of all Ifrael, he w^s 
inaugurated King of Ifrael in Hebron. So then he is annoin- 
ted firft by the Prophet at the Commandment of God, as a 
Token he was chofen. Secondly by the Commandment of 
the People when he was eftablifhed King. And that to the 
end that Kings may always remember that it is from God ; 
but by the People, and for the Peoples fake that they do 
Raign, and that in their Gl»ry they fay not ( as is their Cu- 
ftom ) they hold their Kingdom only of God and their 
Sword, but. withal add that it was the People which firft girt 
them with that "Sword. The fame Order offered in Solomon, 
although he was the Kings Son, God hath chofen Solomon, to 
fit upon the Throne of his Kingdom, and by exprefs words 
had promifed David to be with him and affift him as a Father 
his Son. David had with his own mouth defigned Selomon to 
be Sucafior to his Crown in the Pretence of fbme of the 
principal of his Court. But this was not enough and there- 
fore David aflembled at Jerufa/em the Princes of Ifrael, the 
heads of the Tribes the Captains of the Souldiers and Ordi- 
nance Officers of the Kings, the Centurions and other Ma- 
giftratcsof Towns together with his Sons, the noble Men 
and wonhieft Perfonages of the Kingdom, to conlult and 
refblve upon the Election. In this Alterably after they had 
called upon the Name of God, Solomon by the Confent of 
the whole Congregation proclaimed and anointed for King, 

and 



(6i ) ■ 

and fat ( Co faith the Text J upon the Throne of Ifrael ; 
then and not before the Princes the Noblemen his Brothers 
themfelves do him Homage, and take the Oath of Allegiance. 
And to the end, that it may norbe faid, that that was only- 
done to avoid occafion of Difference, which might artfe a- 
monglt the Brothers and Sons of David about die Succeflv- 
on, we read tint the other following Kings have in the 
fame manner been e'ltabliihed in their Places, it is (aid, that 
after the Death of Solomon, the People affembled to create 
his Son Rehoboam King. After that Amazjah was killed, O- 
%iat his only Son was chofen King by all the People, Orbo- 
fias after Joram, Joachim, the Son of Jofias, after the Di£ 
eafe of his Father, whofe piety might well feem to require 
that without any other Solemnity, notwithflanding both he 
and the other were chofen and invefted info the Royal 
Throne, by the Suffrages of the People. To which al(b 
belongs, that which Hujhai faid to Abfalom; nay, but whom 2 Sara. i5. iS* 
the Lord and his People, and all the Men of Ifrael chufe, 
his will I be, and with him will I abide ; which is as much 
as to fay, I will follow the King lawfully eftablifhed, and 
according to the accuftomed order; wherefore , al- 
though that God had promifed to his People a perpetual 
Lamp, to wit, a King, and a continual Succeflbr of th? 
Line of David, and that the Succeflor of the Kings of this Pfal 132. il. 
People were approved by the Word of God himfelf. Not- 42. 
withstanding, iince that we fee that the Kings have not 
reigned, before the People had ordained and inftalled them, 
with requifite Ceremonies ;. it may be collected from this y 
that the Kingdom orlfrael was not Hereditary, if we confider 
David and the promife made to him, and that it was wholly 
Elective, if we regard the particular Perfins. But to wh-ir 
purpofe is this, but to make it apparent, that the Election is' 
only mentioned, that the Kings might have always in their 
Remembrance, that they Were raifed to their Dignities by 
the People, and therefore they fhould. never forget during' 
Life, in what a ftri£t bound of Obfervance they are tied to 
thofe from whom they have received all their Greatnefs. We 
read that the Kings of the Heathen have been 1 eftablifhed nlfb J 
by the People ^ for as when they had either Troubles at 

Home, 



( 6z) 

Heme, or Wars Abroad, fome one, ia whole ready Valor;- 
and difcrcet Integrity, the People did principally rely and re- 
pole their greatcft Confidence, hinj they prelently with an u- 
niverlal Consent cenftituted Kjng. Cicero faith, that amongft 
the Mcdes, Diodes, from a Judge of private Controverts, 
was for his Uprightnefs, by the whole People elected King, 
and in the fame manner were the firfr. Kings chofen amongft 
the Rowans. Inlbmuch, that after the Death of fymulus, the 
Inrerraign and Government of the hundred Senators being 
little acceptable to tie Jlutrites, it was agreed that from 
thence forward the King mould be chofen by the Suffrages 
of the People, and the Approbation of the Senate. Tarquinius 
Superbus was therefore efteemed a Tyrant,becaufe being chofen 
neither by the People nor the Senate, he intruded himfelf into 
the Kingdom only by Force and Ufurpation : Wherefore Ju- 
lius Cafar long after, though he gained the Empire by the 
Sword, yet to the end he might add fbme fliadow or pre- 
tenceof Right to his former Intrufion, he caufed himfelf to be 
declared both by the People and Senate perpetual Dictator. 
Augujlw his adopted Son, would never take on him as Inheri- 
tor of the Empire, although he were declared lb by the Te- 
ftamenfs of Cafar, but always held it as of the People and 
Senate. The lame aho did Tiberius, Caligula and Claudius, 
and the fjrfr. that aflumed the Empire to himlelf, without 
any colour of Right, was Nero, who alio by the Senate was 
condemned. Briefly, for fo much as none were ever born 
with Crowns on their Heads, and Scepters in their Hands, 
and that no Man can be a King by himfelfl nor reign without 
People ; whereas on the contrary, the -Irople may fubfift of 
themselves., and were long before they had any Kings, it 
mull of neceility follow, that Kings were at the firfr. confti- 
tuted by the People ; and although the Sons and Dependants 
of fuch Kings inheriting their Fathers Vertues, may in a 
fort feem to have rendered their Kingdoms Hereditary to 
their Qh> firings, and that in fome Kingdoms and Coun- 
treye, the Rig} it of free Election feems in a fort buried ; 
yet notwithstanding, in all well ordered Kingdoms, this 
Cuftom is. yet remaining, the Sons do not fuccecd the Fa- 
thers, before the People have rirlt as it were anew cftablifhed 

rhem 



( ^ ) 

them by their near Approbation ; neither were t'hey ac- 
knowledged' in Quality, as inheriting it from the Dead ; but 
approved and accounted Kings then only, when they were 
inverted with the Kingdom, by receiving the Scepter and 
Diadem from the Hands of thofe who reprefent the Maje- 
fty of the People. One may lee mofl: evident Mirks of 
this in Chriltian Kingdoms, which are at this day efteemed 
Hereditary ; for the French King, he of Spain and England,- 
and others, are commonly Sacred, and as it were, put into 
PofTeffion of their Authority by the Peers, Lords of the 
Kingdom, and Officers of the Crown, which reprefent the 
Body of the People ; no more nor lefs than the Emperors of 
Germany are chofen by the Electors, and the Kings of Polo- 
nia, by the Yawodes and Palatines of the Kingdom, where 
the Right of Election is yet in force. In like manner alio, 
the Cities give no Royal Reception, nor Entries unto the 
King, but after their Inauguration, and anciently they ufed 
not to count the times of their Reign, but from the day of 
their Coronation, the which was ftric"t.ly obierved in France. 
But lead: the continued Courfe of fome Succeflions fhould 
deceive us, we muft take notice, that the Eftates of the 
Kingdoms have often preferred the Coufin .before the Son, 
the Younger Brother before the Elder, as in France, Lotvis 
was preferred before his Brother Robert, Earl of Eureux j 
[Annates Gillif\in like manner Henry before fybert, Nephew to 
Capet. Nay, which is more by Authority of the People in 
the fame Kingdom, the Crown hath been tranfported ( the 
lawful Inheritors living) from one Lineage to another, as 
from that of Merove to that of tlieCbarlemains, and from that 
of the Charlemains, to that of Capets, the which hath alfo been ^ 
done in other Kingdoms, as the beft Hiftorians teftifie. But 
not to wander from France, the long Continuance and Pow- 
er of which Kingdom may in fbme fort plead for a ruling 
Authority, and where Succeffion feems to have obtained mofl 
reputation. We read thzt-Pharamond was chofen in the 
Year 419. Pepin in the Year 75 1.- Charles the Great, and 
Charleman the Son of Pepin in the Year j6*6. without having 
any refpe£t to their Fathers former Eftate. Charleman dying 
in the Year yjiu. his Portion fell not prefently into the 

PofTeffion 



( 64 ) 
PofTeflion of his Brother Charles the Great, as k ordinarily 
happens in the Succeffion of Inheritances, but by the Ordi- 
nance of the People and the Eftates of the Kingdom he is 
invefted with it; the feme Author witnefleth, that in the 
Year 8ix. Lewis the Courteous, although he were the Son of 
Charles the Great was alfb elected ; and in the Teftament of 
Charlemain, inserted into the Hiftory written by Nauclere, 
Charlemain doth intreat the People to chufe, by a General 
Aflembly of the Eftates of the Kingdom, which of his 
Grand- children or Nephews the People pleafed, and com- 
manding the Uncles to obferve and obey the Ordinance of 
the People, by means whereof, Charles the Bald, Nephew 
to Lewis the Courteous and Judith, doth declare himfelf to be 
chofen King, as Aimonius the French Hiftorian recites. 

To conclude in a Word, all Kings at the firft were al- 
together elected, and thofe which at this day feem to have 
their Crowns and Royal Authority by Inheritance, have or 
fhould have firft and principally their Confirmation from 
the People. Briefly, although the People of Come Coun- 
tries have been accuftomed to chufe their Kings of fuch a 
Lineage, which for fome notable Merits have worthily de- 
lerved it ; yet we muft believe that they chufe the Stock it 
felf, and not ev^ry Branch that proceeds from it ; neither are 
they fb tied to rhat Election, as if the Succeffor degenerate, 
they may not chufe another more worthy, neither thofe 
which come and are the next of that Stock, are born Kings, 
but created fuch, nor called Kings, but Princes of the Blood 
Royal. 

The wl)ole Body of the People is above the King. 

Now feeing that the People chufe and eftablifli their 
Kings, it followeth that the whole Body of the People is a- 
bove the King; for it is a thing molt evident, that he which 
is eftablifhed by another, is accounted under him that hath 
eftablifhed him, and he which receives his Authority from 
another, is lefs than he from whom he derives his Power. 
fotiphar the AZgyj>t$an fetteth Jofeph over all his Houfe, Nebw 
chadne^ar Daniel over the Province of Babj!on> Darius the 

(ixfeore 



i 6s ) 

fixfcore Governors over the Kingdom. It Is commonly (aid 
that Mailers eftablifh their Servants, Kings their Officers : In 
like manner alfb thePeople eflablifii the King asAdminiflrator 
of the Common-wealth. Good Kings have not difdained this 
Title j yea, the bad ones themfelves have affected it ; info- 
much, as for the (pace of divers Ages, no Roman Emperor 
(if it were not fome abfolute Tyrant, as Nero, Doimtian, Ca- 
ligula) would fuffer himfelf to be called Lord, further- 
more, it mult neceflarily be, that Kings were inflituted for 
the Peoples Sake, neither can it be, that for the Pleafure ef 
fome hundreds of men, and without doubt more foolijh and wcrfe 
than many of the other, all the reft were made, hut much rather 
that thcje Intndred were made for the ZJJe and Service of ail the o- 
ther, and reafon requires that he be -preferred above the other, wh» 
was made only to and for his Occafion: (6 it is, that for the 
Ships Sail, the Owner appoints a Pilot over her, who fits at 
the Helm, and looks that (he keeps her Courfe, nor run not 
upon any dangerous Shelf; the Pilot doing his Duty, is o- 
beyed by the Marriners j yea, and of himfelf that is Owner 
of the Veflel, notwithftanding the Pilot is a Servant as well 
as the leaft in the Ship, from whom he only differs in this, 
that he ferves in a better place than they do. In a Com- 
mon-wealth, commonly compared to a Ship, the King holds 
the Place of Pilot, the People in general are Owners of the 
Veflel, obeying the Pilot, whilfl he is careful of the publick 
Good ; as though this Pilot neither is nor ought to be efleem- 
ed other than Servant to the Publick • as a Judge or Gene- 
ral in War differs little from other Officers, but that he is 
bound to bear greater Burdens, and expofe himfelf to more 
Dangers. By the fame reafon alfb which the King gains by 
acquifl of Arms, be it that he poflefleth himfelf of Frontier 
places in warring on the Enemy, or that which he gets by 
Efcheats or Confifcations, he gets it to the Kingdom, and 
not to himfelf, to wit, to the People, of whom the Kingdom 
is compofcd ; no more nor lefs than the Servant doth for his 
Mailer ; neither may one contract or oblige themfelves to 
him, but by and with reference to the Authority derived 
from the People. Furthermore, there is an infinite fort of People 

K which 



( 66 ) 

which live without a King, but we cannot imagine a Kjng 
without Poople. And thole which have been railed to the 
Royal Dignity, were not advanced becaule they excelled o- 
ther Men in Beauty and Comelinefs,nor in fome Excellency of 
Nature to govern them as Shepherds do their Flocks, but ra- 
ther being made out of the lame'Mafs with the reft of the 
People, they mould acknowledge that for them, they as it- 
were borrow their Power and Authority. The ancient 
Cuftom of the French reprefents that exceeding well,for thev 
ufed to lift up on a Buckler, and lalute him King whom 
they had cholen. And wherefore is it laid, I pray, you, that 
Icings have an infinite number of Eyes, a million of Ears, with 
extream long Hands, and Feet exceeding Swift ? Is it becaule 
they are like to Argos, Gerien, Midas, and divers others (o 
celebrated by the poets ; No truly, but it is laid in regard 
of all the People, whom the bufinels principally concerns, 
who lend to the King for the good of the Common-wealth, 
their Eys, their Ears, their Means, their Faculties. Let the 
People forlake the King, he prefently falls to the Ground, 
although before his Hearing and Sight feemed mod excellent, 
and that he was ftrong and in the belt Difpofition that might 
be j yea, that he feemed to triumph in all magnificence, yet 
in an inftant he will become moft vile and contemptible, to 
be brief, inftead of thole Divine Honours wherewith all 
men adore him, he mail be compelled to become a Pedant, 
and whip Children in the School at Corinth. Take away but 
the Balis to this Giant, and like the Rhodian Colofs, he pre- 
fently tumbles on the ground and falls into pieces. Seeing 
then that the King is eftablimed in this degree by the' People, 
and for their Sake r and that he cannot lubfift without them, 
who can think it ftrange then for us to conclude,that the People 
are above the King ? Now that which we fpeak of all thePeople 
univerlally, ought alio to be underftood, as hath been deliver- 
ed in the lecond Queftion, of thole which in every Kingdom 
or Town do lawfully reprefent the Body of the People, and 
which ordinarily (or at lealf. mould be) called the Officers of 
the Kingdom, or of the Crown, and not of theKing ; for the 
Officers of the King, if is he which placeth and diiplaceth . 

them, 



. (6?) 

them at his pleafure, yea, after his Death they have no 
more power, and are accounted as dead. On the contrary, 
the Officers of the Kingdom receive their Authority from the 
People in the general Ajfembly of the States (or at the leafl were ac~ 
cuflcmed Jo anciently to hate done) and cannot be difauthcrifed 
but by them, fo then the one defends of the King, the other of the 
Kjngdcm, thqfe of the Sever atgn Officer of the Kingdom, which ps 
the King hmfelf, thofe of the Soveraignty it /elf that is of the 
People, of which Soveraignty, both the King and all his Officers of 
the Kjngdcm ought to defend, the Charge of the one hath proper 
relation to the Care of the Kings Perfin ; that of the other, to loo}^ 
that the Corr.mon-wealth receive no Damage ; the firft ought to 
ferve and afffi the Kjng> & aU Dcmeficl^ Servants are bound to 
do to their Mafiers ', the other topreferve the Rights and Priviledges 
of the People, and to carefully hinder the Prince, that he neither 
emit the things that may advantage the State , nor commit any 
thing that may endammage the Pubhck. 

Briefly, the one are Servants and Domefticks of the Kings, 
and received into their places to obey his Perfbn ; the other, , 
on the contrary, are as Aflociates to the King, in the Ad- 
ministration of juftice, participating of the Royal Power 
and Authority, being bound to the utmoft of their power, 
to be aflifting in the managing of the Affairs of State, as 
well as the King, who is as it were Prefident amongfl: them, 
and Principal only in order and degree. 

Therefore, as all the whole People is above the King, and 
likewife taken in one entire Body, are in Authority before 
him j yet being confidered one by one, they are all of them 
under the King. It is eafie to know how far the Power of 
the firft Kings extended, in that Ephron, King of the Hit- 
tit es, could not grant Abraham the Sepulchre, but in the Gen. 34, 
Pretence, and with the Content of the People .- neither could 
Hemor the Hevite, King of Sichem, contrail an Alliance with 
Jacob without the Peoples Ailent and Confirmation thereof ; 
becaufe it was then the Cuftom to refer the moft important 
Affairs to be difpenfed and refolved in the General Ailemblies 
of the People. This might eafily be pra&ifed in thofe King- 

K z dom?, 



( 6* ) . 

doms, which were then alrr.oft confined within the Circuit of 
one Town. 

But fince that "Kings began to extend their limits, and that 
it was impoffible for the People to aflemble together all into 
one place became of their great numbers, which would have 
occalioned confufion, the Officers of the Kingdom were efta- 
blifhed, which fhould ordinarily prelerve the rights of the 
People, in luch fort notwithftanding, as when extraordinary 
occafion required, the People might be affembled, or at the 
Ieaft fuch an abridgment as might by the principalleft Mem- 
bers be a Reprefentation of the whole Body. We fee this or- 
der eftablimed in the Kingdom of Ifrael, which (in the judg- 
ment of the wifeft Politicians J was excellently ordered. The 
King had his Cupbearers, his Carvers, his Chamberlains and 
Stewards. The Kingdom had her Officers, to wit, the 71. 
Elders, and the Heads and chief chofen out of all the Tribes* 
which had the care of the Publick Faith in Peace and 
War. 

Furthermore, the Kingdom had in every Town Magi- 
flrates, which haa the particular government of them, as the 
former were for the whole Kingdom. At fuch times as af- 
fairs of confequence were to be treated of, they affembled to- 
gether, but nothing that concerned the publick ftate could 
iChron.29.1. receive any fblid determination. David affembled the Officers 
iChron.13.1. of his Kingdom when he defired to invefr. his Sen Solomon 
with the Royal Dignity ; when he would have examined 
and approved that manner of policy, and managing of af- 
fairs, that he had revived and reitorcd, and when there was 
no queftion of removing the Ark of the Covenant. 
. And becaufe they reprtfented the whole people, it is faid 
in the Hi dory, that all the people affembled. Thefe were 
the fame Officers that delivered Jonathan from death, Con- 
demned by the fentence of the King, by which it appears^ 
that there might be an Appeal from the King to the Peo- 
ple. 
iSam. 14.45. After that the -Kingdom was divided through the pride of 
Rehchcam the Councel at Jemfa'em compofed 0171. Ancients 
feems to have fuch Authority, that they -might judge the 

King 



(6 9 ) S 

King, as well as the King might judge every one of them in 
particular. 

In this Council was Prefident the Duke of the Houfe of 2 Chron. i$- 
Juda, to wit, forae principal man chofen our of that T. ibe ; ™ cil ' ll °9' 
as alfo, in the City of Jerujalem there Was a Governor chc- 
fen out of the Tribe of Benjamin refiding there. This v/ill 
appear more raanifeft by Examples, Jeremywzs lent by God 
to denounce xo the Jews the Deftruction of Jerufalem, was 
therefore Condemned firft by the Priefts and Prophets, in J er * »&9«*7- 
whofe hands was the Ecclefiaftic.tl Jurisdiction afterwards by 
all the people of the City ; that is, by the ordinary Judges of 
Jemfalem, to wit the Milleniers, and the Centurions •• Final- 
ly, the matter being brought before ^fie Princes of Juda,who 
were the 71. Eiders aflembled, and let near to the new Gate 
of the Temple, he was by them acquitted. 

In this very Aflembly, they did- difcreetly Condemn, in 
exprefs terms, the wicked and cruel a£r. of the King JehoU- 
kjn, who a little before had caufed the Prophet IXnah to be 
flain, who alfb fore- told the Deftruciion of Jerufa- 
Icm. 

We read in another place, that %edechias held in fuch re- 
verence the Authority of this Councel, that he was fb far 
from delivering of Jeremy horn the Dungeon, whereinto the J er ' 27-3"» 
71. had caft him, that he durft fcarce remove him into alefs 
rigorous prifbn. They periwading him to give his content 
to the putting to death the Prophet Jeremy, he anlwered, 
that he was in. their hands, and that he might not oppoie 
them in any thing. The fame King fearing leafl they 
might make information againft him, to bring him to an 
account for certain Speeches, he had ufed to the Prophet Je- 
remy, was glad to feign an untrue excufe. It appears by this, 
that in the Kingdom of Juda this Council was above the King, 
in this Kingdom, 1 fay not fafhioned or eftablifhed by Plato 
or Arifiotle^ but by the Lord God, himfelf being Author of 
all their order, and fupream Moderator in that Monarchy. 
Such were the feven Magi or Sages in the Perjian Empire,who 
had almoft a paralleled Dignity with the King, and were 
termed the Eats and Eyes of the King, who alfo never di£ 
fented from the judgment of thole Sages. 

In 



. ( 7° ) 

In the Kingdom of Sparta there was the Ephori, to whom 
an Appeal lay from the judgment of the King, and who, as 
Arifiotle fays, had Authority alfo to judge the Kings them- 
felves. 

In Egypt the People were accuftomed to chute and give Of- 
ficers to the King, to the end they might hinder and prevent 
any incroachment,orufurpt Authority, contrary to the Laws. 
Arift. in pol. Now as Arifiotle doth ordinarily term thofe lawful Kings, 
1.$. on. which have for their Affiftants fuch Officers or Councilors .- 

lb alio maketh he no difficulty to lay, that where they be 
wanting,there can be no true Monarchy , but rather a Tyranny 
abfblutely barbarous, or at the leaft fuch a Dominion, as doth 
moil nearly approach tyranny. 

In the ^om an Comrnon-wealth, fuch were the Senators, 
and the Magiftrates created by the people the tribune of thole 
which were called Celeres, the Prefer or Provoft of the Ci- 
ty, and others, infbmuch as there lay an Appeal from the 
King to the People, as Seneca declares by divers Teftimonies 
drawn from Cicero's Books of the Common-wealth, and the 
Hiftory of Oratius fnfficiently (hews, who being Condemn- 
ed by the Judges for killing his Sifter, was acquitted by the 
people. 

In the times of the Emperours, there was the Senate, the 
Confults, the Pretors, the great Provofts of the Empire, the 
Governors of Provinces, attributed to the Senate and the 
People, all which were called the Magiftrates and Officers of 
the people of Borne. And therefore, when that by the De- 
Hcrodi.1.8. -' cree of the Senate, the Emperor Maximinus was declared 
Enemy of the Common- wealth, and that Maximus and Albi- 
nus were created Emperours by the Senate, the men of war 
were fworn to be faithful ond obedient to the people of Bo?ne 9 
the Senate, and the Emperors. Now for the Empires and 
publick States of thefe times (except thofe of Turkey, Mufio- 
vy, and fuch like, which are rather a Rapfody of Robbers, 
and Batbarous Intruders, than any lawful Em piresj there is 
not one, which is not, or hath not heretofore been governed 
in the manner we havedefcribed. And if through the con- 
veniency and floath of the principal Officers, the Succeflbrs 
have found the bufinefs in a worfe condition, thofe which have 

for 



( 7i ) 
for the prefent the publick Authority in their hands, arenot- 
withftanding bound as much as in them lieth to reduce things 
into their primary eftate and condition." 

In the Empire of Germany which is conferred by Election, 
there is the Electors and the Princes, both Secular ,and Eccle- *i 

fiaftical, theCounrs, Barons, and Deputies of the Imperial Ci- 
ties, and as all thefe in their proper piaces are Solicitors for 
the publick good likewife in the Diets do they represent the 
Majelty of the Empire, being obliged to advife, and care- 
fully fore-fee, that neither by the Emperors partiality, hate — - 
nor affection, the publick Stare do fuffer or be interefled. 
And for this reafbn, the Empire hath it# Chancellor, as well 
as the Emperor his, both the one and the other have their pe- 
culiar Officers and Treafurers apart. And it is a thing fb no- 
torious, that the Empire is preferred before the Emperour, 
that it is a common faying, That Emperor does homage to 
the Empire. 

In like manner, in the Kingdom of PotonU, there is for Speculum fa- 
Officers of the Crown, theBifhops, the Palatins, theCaftel- xonicum. 
lains, the Nobility, the Deputies of Towns, and Provinces 
aflembled extraordinarily, before whom, and with whole 
» content, and no where elfe, they make new Laws, and De- £r 
terminations concerning Wars. For theordinary Government 
there, is the Councellors of the Kingdom, the Chancellor of 
the State, &c although notwithstanding, the King have his 
Stewards, Chamberlains, Servants, and Domefticks. Now 
if any Man mould demand in Polonia who were the greater, 
the King, or all the people of the Kingdom represented by 
the Lords and Magiftrates, he fhould do as much, as if he 
asked at Venice, if the Duke were above the Seigniory. But — 
what (hall we fay of Kingdoms, which are faid to go by He- 
reditary Succeflion ? We may indeed conclude the very fame, 
The Kingdom of France heretofore preferred before all other, Aimonius.l.*;.. 
both in regard of the excellency of their Laws and Majefty czG.in Carol© 
of their Eftate, may pafs with moft as a ruling cafe. Now calvo * 
although that thofe which have the publick Commands in 
their hands, do not difcharge their Duties as were to be deft- 
red, it follows not though, that they are not bound to do it. 
The King hath his High Steward of his Houfhold,his Cham- 

barlains 5 , 



(71) 

berlains, his Mailers of his Games, Cup-bearers, and others, 
whofe Offices were wont fo to depend on the perfbn of the 
King, that after the death of their Matter, their offices were 
void. And indeed at the Funeral of the King, the Lord 
High Steward in the pretence of all the Officers and Servants 
of the Houfhold, breaks his Staff of Office, and fays, Our 
Mafier is dead let every one provide for bimfelf. On the other 
fide, the Kingdom hath her Officers, to wit, the Mayor of 
the Palace, which fmce hath been called the Conftable, the 
Marfhals, the Admiral, the Chancellor, or great Referenda- 
j y, the Secretaries, the Treafurers and others, which hereto- 
fore were created in the Aflembly of the three Eftates, the 
Clergy, the Nobility, and the People. 

Since that, the Parliament of Paris was made Sedentary, 
they are not thought to be eftablifhed in their places, before 
they have been firft received and approved by that courfe of 
Parliament, and may not be difmifled nor depofed, but by 
the Authority and content of the fame, Now all thete Offi- 
cers take their Oath to the Kingdom, which is as much as to 
fay, to the pqople in the fir ft place, then to the King which 
is Protector of the Kingdom, the which appears by the Te- 
nor of the Oath. Above all, the Conftable who receiving 
the Sword from the King, hath it girded unto him with this 
Charge, That be maintain and defend the Common-wealth, as ap- 
pears by the words that the King then pronounceth.* 
S. Filius fam. Befides, the Kingdom of Fra nee hath the Peers (fo called 
inftit. quib. either for that they are the Kings Companions, or becaute 
mod. jus pa- they are the Fathers of the Common-wealth/' taking their 
tnae pot.folvi- Denominations from the teveral Provinces of the Kingdom, in 
whofe hands the King at his Inauguration takes his Oath, as 
if all the people of the Kingdom were in them prefent,which 
fhews, that thefe twelve Peers are above the King. They 
on the other fide fwear, That they will prefer ve not the King, 
but the Crown, that they will affift the Common-wealth with their 
Council^ and therefore wiU be frefent with their beft Abilities to 
tounfel the Prince both in Peace and War, as appears plainly in 
the Patentee of their Peerfhip. 

And 



f7!) Mi 

And they therefore Have the fame right as die Peers of the **j^ - ; '* 
Court, which according to the Law of the Liimbtrdt, were not only 
aflbciates to the Lord or the Fer in the judgment of caufes, but alio 
did take an accounr v and judge the differences that happened between 
the Lord and his Vaftals. 

We may alio know, that thole Peers of France did often difcufs fuits 
and diffemeces between the King and his Subjects .- Inlbrr.uch that ^ iir . 
when Charles the Sixth would have given fentencc againff. the Duke of 
Brittain they oppofed it , alleading that the difcufling of that bufi- 
nefs belonged properly to the Peers and not to the King,who might 
not in any fort derogate from their authority 

Therefore it is, that yet at this day the Parliament of Paris is 
called the Court of Peers,being in fome fort confHtuted Judge be- 
tween the King and the People ; yea,be;ween the King and every pri- 
vate Perlbn, and is bound and ought to maintain the meaneft in the 
Kingdom againft the Kings Attorney, -if he undertake any thing con- 
trary to Law. 

Furthermore, if the King ordain any thing in his Council, if he 
treat any agreement with the Princes his Neighbours, if he begin a 
War, or makepeace, as lately withCW/w the Fifth theEmperour, 
the Parliament ought to interpofe their authority, and all that which 
concerns the publick State muft be therein regiftred j neither is there 
any thing firm and ftable which the Parliament doth not firft approve. 
And to the end, that the Councellours of that Parliament mould not 
fear the King, formerly they attained not to that place, but by 
the nomination of the whole body of the Court ; neither could the/ 
be difmhTed for any lawful caule, but by the authority of the laid 

Body. 

Furthermore^ the Letters of the King be not fubfigned by a Se- 
cretary of the Kingdom jm this day called a Secretary of State, and if the 
Letters Patents be not fealed by the Chanceliour, who hath power alio 
to cancel them,they are of no force or value. There is alfo Dukes,Mar- 
quefles, Earls, Vicounrs, Barons, Sentlchals, and in the Cities, and good 
Towns \laycrs,Bayiifts,Lieutenant5,Capirol3,Cbnfuls,Sindiques,SherifIs 
and others which have fpecial Authority through the Circuit of fbme 
Countries or Towns to preferve the people of their jurifdicKon. Time 
it is,that at this day fome of thefe Dignities arc become hereditary. 
Thus much concerning the ordinary Magtflnrtfs* 

L The 



( 74) 



*Ihe Affembly of the three Efates. 

Besides all this, anciently every yeaiVand iince lefs often,;.? «v> 5 when-- 
fome urgent neceffity required it, the general or three Eftates were af- 
lembled, where all the Provinces and Towns of any worth,*? w*>,the 
BurgefTes, Nobles and Ecclefiaftical perfons, did all of them (end their 
Deputies, and there they did publickly deliberate and conclude of that 
which concerned the publick ftate. Always the Authority of this Af- 
femhly was fuch that what was there determined, whether it were to 
treat Peace,or make War,or create a Regent in the Kingdom,or impofe 
fome new Tribute,it was ever held firm and inviolable ; nay, which is 
more by the authority of this Afiembly, the Kings convinced of loole 
intemporancy, or of inefficiency, for 16 great a charge or Tyranny, 
were difthronized ;yea,their whole Races were for ever excluded from 
their fucceffion to the Kingdom, no more, nor lefs, as their Progenitors 
were by the lame authority formerly cali'd to the adminiftration of the 
lame ^/wg^ojw.Thofe whom the content and approbation of the Eftates 
had formerly raifed,were by the diflent and diftallowing of the lame 
afterwards call down.Thofe which tracing in[the vertuous ft eps of their 
Anceftors, were called to that dignity, as if it had been their inheri- 
tance, were driven out, and difinherited for their degenerate ingra- 
titude, and for that being tainted with inlupportable vices, they made 
themleives uncapable and unworthy of fuch honour. 

This lhews,that Succeffion was tollerated to avoid pra&ifes, dole and 
under- hand canvafing,difcontents of perfons refufed , contentions,inter- 
raigns,and other difcommodities of Elections. But on the other parr, 
\*hen Succefhons brought other mifchiefs more pernicious,when tyran- 
ny trampled on the Kingdom, and when a Tyrant poflefled himfelf of 
the Royal Throne,the Medicine proving much worfe then the Difcafe: 
then the Eftates oiixvz Kingdom lawfully aftembled in the name of all 
the people, have ever maintained their Authority, whether it were to 
drive out a Tyrant,or other unworthy King,or to eftablifh a good one in 
his place. The ancient French had learned that of the Gauls, as 
Cafar fhews in his Commentaries. For Ambiorix King of the Eburons, 
or Leigeons confefleth, That fuch were the condition of the Gaidi/h Em- 
Caf I < tin P re "> t ^ At ^ ec /' e Iwfully ajjembled, had no lefs fewer over the Kjng, then 
de beUo Gil- f ^ e Ki n £ &*d 01)€r ^ je People. The which appeal's alio in Vireingm- 
lifO. — tori.Vy 



r ft ) 

torix, who gives an account of his actions before the Affembty of the 
People. 

In the Kingdoms of S/w/Wjcfpecially Aragon, Valentia, and Catalonia* 
there is the very fame. For that which is called the Juftitia Major in 
Aragon hath the Sovcraign Authority in it felf.And .therefore,the Lords 
which reprefent the People'proceed fofar,thatboth at the inaugaration 
of the Ktng, as alfo at the Affembly of the Eftates,wbich is obferved 
every third year ,to fay to the King in exprefs words that which follows, 
iVe which arc as much worth as you, and have more Power then youfhufeyott 
Kjng upon thefc and thefe conditions, and there is one between you and us 
which commands over you, to wit, the Juftitia Major of Aragon, which ~ 
oftentimes refufeth that which the King demands, and forbids that which 
the King injoyns. 

In the Kingdoms of Enghmd and Scotland the Soveraignty feems to 
be in the Parliament, which heretofore was held almoft every year. 
They call Parliaments the Affembly of the Eftates of the Kingdom, in 
the which the Bifhops, Earls,Barons,Dcputies of Towns and Provinces 
deliver their opinions, and refblve with a joynt content of the Affairs of 
Statejthe authority of this Affembly hath beenfb iacred and inviolable, 
that the King durft not abrogate or alter ihat which had been there 
once decreed. 

It was that which heretofore called and inftalled in their charges all 
the chief Officers of the Kingdom ; yea, and fbmetimes the ordinary 
Councellors of that which they call the Kings Privy Councils. In fbme, 
the other Chriftian Kingdoms, as Hungary, Bohemia, Denmark^ Sweden^ 
and the reft,they have their Officers apart from the Kings ; and Hifto- 
ries, together with the examples that we have in thefe our times, fuf- 
ficiently demonstrate that thefe Officers and Eftates have known how 
to make ufe of their Authority, even to the depofing and driving out ~ 
of the tyrannous and unworthy Kings. 

We muff, not therefore efteem that this cuts too fhort the wings of 
Royal Authority ,and that it is as much as to take the Kings head from 
his fhoulders. 

We believe that God is Almighty, neither think we it any thing di-_ 
minifheth his power, becaufe he cannot fin : neither fay we,that his Em 
fire is lefs to be e ft seme d, becaufe it cannot be neither jhakgn, nor cajl down ' 
neither alfb mull we judge a King to be too much abufed, if he be 
wkh-held by others from failing into an error,to which he is over much 

L 2 inclined 



( 16 ) 
inclined, or for that by the wifdom and discretion of fame of his 
Councellors, his Kingdom is prefervcd and kept intire and /afe, 
which otherwife, happily by his weaknefs or wickednefs might have 
been mined. Will you fay that a Man is lefs healthful, becaufe he is 
inviromd with.difcreet Phyficians, which counfel him to avoid all in- 
temperance, and forbid him to eat fuch Meats as are obnoxious to 
the Stomach, and which pnrge him many times againft his will and 
when he refills ? which will prove his better friends, . whether ihefe 
Phyfitians which are ftudioufly careful of his health, or thole Sico- 
phants which are ready at every turn to give him that which muft of 
neceflity haften his end ? We muft then always obferve this diftin<£K- 
on. The firft arc the friends of the King. The other are the friends 
of Francis which is King. The friends of Frauds are thofe which ferve 
him : The friends of the K}*g*rc the Officers and Servants of the 
Kingdom. For feeing the King hath this name, becaufe of the Kinc- 
riom,andthat it is the People which give being and conliftence to the 
Kingdom, the which being loft or ruined, he muft needs ceafe to be a 
King, or at the leaft not fo truly a K}"g-> or elie we mull; take a 
(hadow for a fubftance. 

Without queftion, thofe are moft truly the K* n g s friends, which 
are moft induftrioully careful of the Welfare of his Kingdom,and thofe 
his worft Enemies which neglect the good of the Common- wealth, 
andfeek to draw the King into the fame lapfeof Error. 
• - And as it is impoflible to feparate the Kingdom from the People, 
nor the King from the Kingdom, in like manner, neither can the 
friends of the King be di£ joyned from the friends of the People, and 
the Kingdom. 

2 fay further, that thofe which with a true' afteclion love Francis, 
had rather fee him a King than a Subjech Now feeing they cannot 
fee him a King, it necefturily follows,that in loving Francis, they muft 
alfb love the Kingdom. 

But thofe which would be efteemed more the friends of Francis, 
then of the Kingdom and the People, are truly flatterers, and the 
moft pernicious Enemies of the King and publick State. 

Now if they were true friends indeed, they would Hefire and endea- 
vour that the King might become more powerful, and more allured in 
his Eftate according to that notable faying of Ticopompus King of 
Sparta, after the Ephores or Controllers or the Kings were inftituted, 
Tie more (faidki) arc appointed Ly tin People to Wntch over, and Itok^to the 

ajfairs 



(77 ; 

"jiff Airs of the Kingdoms, the more thsfe thit govern flidl Live Credit and 
tie mere fafe and happy fhdll be the State. 

Whether prefcrtption of time c*n take *V*y the Right of 
the People? 
But peradventure, fbme one will reply, you fpeak to us here of Peers, 
of Lords and Officers of the Crown. But I Br my part fee not any, 
but only fbme fhews and (hadows of Antiquity as if they were to be. 
reprefented on a Stage I fee not for the preterit lcarce any Tract of thac 
ancient Liberty, and Authority ; nay, which is worfe a great part, if 
not all, of thole Officers take care of nothing but their particular Af- 
fairs, and alrnoft, if not altogether* ferve as Flatterers about thole Kings 
who joyntly tofs the poor people like Tennice-balls : hardly is there 
one to be found that hath Companion on, or will lend a helping hand to 
the miserable Subjecls, flea'd and fcorched to the very bones, by their 
infblent and infupportable Oppreffion .- If any be but thought to have 
fuch a defire, they are prcfently condemned as Rebels and Seditious, 
and are conftrained either to fly with much difcommodity , or eife 
muft run hazard both of Life and Liberty. • What can be anfwtred to 
this? the bufinefs goes thus. The Outragioufhefs of Kings, the igno- 
ranee of the party, together with the wicked connivence of the great 
ones of die Kingdom,hath been for the mod parr luch -throughout the 
World, that the Licentious and unbridled Power wherewith mod Kings 
are tranfported and which hath made them infupportable, hath in a 
manner, by the length of Continuance gained right of Prefer iption, and 
the People for v^ant of ufing it hath intacitely quit, if not altogether 
loft, their ju ft and ancient Authority. So that it ordinarily happens that 
what all Mens care ought to attend on, is for the mod part neglected 
by every Man ; for what is committed to the generality ,no Man thinks 
•k commended tohisCuftody. Notwithstanding, no luch Prescription, 
nor prevarication can juilly prejudice the Right of the People: It is 
Commonly faid that the Exchequers do admit no rule of Prefcription a- 
gainft it, much Ms againft the whole Bodv of the people, whole po- 
wer tranfeends the Kings, and in whole Right the King ailumesro him- 
feif that priviledge j for otherwiie, wherefore is the Prince only Ad- 
miniftrator, and the people true Proprietor of the publick Exche- 
quer, as we will prove here prelently after. Furthermore, it is no: a 
thing refolved on by all, that no Tyrannous Intruhon or Ufuepation, 
and continuance in the fame Courfe,* can by any length of time prc- 
fcribe againft lawfui Liberty. If it be objected, that Kings were cn- 
thronized, and received their Authority from the people thar lived 

fiya : 



c 7« ; 

Five hundred years ago, and not by thole now living, I anfwer that the 
Commonwealth never die?, althongh Kings be taken out of this Life 
one after another : for as the continual running of the water gives the 
River a perpetual Being: (o the Alternative revolution of Birth and 
death renders the People ( quoad hunt mundum) immortal. 

And further, as we have at this day the fame Siene and Tiber as 
was i ooo years ago: in like manner alfo is there the fame People of 
Germany^ Fra;:ce> and Italy ( excepting intermixing of Colonies, or fuch 
like j neither can the lapfe of time,nor changing of individuals, alter in 
any fort the right of thofe People. Furthermore, if they fay the King 
. receives his Kingdom from his Father, and not from the People, and 
he from his Grandfather, and lo one from another upward. 
vlpin , , * ^i could the Grandfather or Anceftor, transfer a greater right to 

prjs 1. ¥£*' !" S Succeffor > tnen he h» d himfelf? If he could not ( as' without doubt 
it muft need be fo) is it not plainly perfpicuou?, that what the Succeflor 
further Arrogates to himfelf, he may ufurp with as fafe a Conference, as 
what a Thief gets by the High- way fide. The People on the contrary 
have their Right of eviction intire and whole ; alrhough that the 
Officers of the Crown have for a time left or left their Ranks, this can- 
not in any true Right prejudice the People, but rather clear otherwife ; 
as one would not grant Audience, or fhew favour to a Slave which had 
longtime held his Matter Prifoner,and did not only vaunt himle f to be 
free, but alfo prefumptuouily aflumed power over the life and death 
of his Matter : neither would any Man allow the excules of a Thief,be- 
caufe he had continued in that Trade 3 o. years, or for that he had been 
bred in thweourfe of life by his Father, if he prefumed by his long 
continuance in that Function to prefcribe for the lawfulnefs, but ra- 
ther the longer he had continued in his wickednefs, the more grievous 
fhould' be his puniihment: id like manner, the Prince is altogether 
unfupporrablc which becaufe he fucceeds a Tyrant, or hath kept the 
people ( by whofe Sjffrages he holds the Crown) in a long flavcry, or 
hath fuppretted the Officers of the Kingdom (who fhould be Protectors 
©fthepubiick Liberty J that therefore prjumes, that what he affects is 
lawful foi him to cilccl, and that his Will is not to be rettrairied or cor- 
rected by any pohtiveLaw wharfbever. For prescription in Tyranny 
dctra&s nothing from the Right of the people; nay, it rather much ag- 
gravates the Princes Outrages. But what if the Peers and principal Of- 
fccers of tb m makes tUfemlelvcs parts with tfre King? What 

if betray ing the [Hibjicfc, caufe the Yoke or Tyranny upon the peoples 
Keck? fhali it feUbWytbn by this prevarication ar.d.Treaiun the Autho- 
rity 



(79 > 

rity is devolved into the King ? Does this detract any thing from the 
Right of the peoples Liberty, or does it add any licentious power to the 
King? Let the people thank themfelves, fay you, who rely ed on the 
difloval Loyalty of luch men. 

• Bm I Anfwer, that thefe'Officers ai e indeed fhofe Protectors whofe 
principal Care and ftudy fhould be, that the People be maintained in the 
free and dfolute Fruition of their Goods and Liberty. And therefore, in the 
feme manner :-,s if a treacherous Advocate for a fumof Money fhould 
agree to betray the Caufe of his Client, into the hands of his Adversa- 
ry, which he ought to have defended, hath not power for all that to 
alter the courfe of Juflice, nor of a bad Caufe to make a good one, al- 
though perhaps for a time he give feme Colour of ir. 

In like manner this Confpiracy of the great ones combined to ruin 
the Inferiors cannot difanul the Right of the people j in the mean 
Seaftfo, thofe great ones incur the punifhment that the fame alots a- 
gainft Prevaricators , and for the people, the feme Law allows them 
to chufe another Advocate, and afi em to purfile their Caufe, as if i: 
were then only to begin. 

For if the people ol Rome condemned their Captains and Generals 
of their Armies, becaufe they capitulated with tlieir Enemies to their 
difadvantage (although they were drawn to it by neceffity, being on 
the point to be ail overthrown ) and would not be bound to perform 
the Soldiers Capitulation ; much lefs (hall a Free people be tyed to 
bear the Yoke of Thraldom, which is call on them by thofe who mould: 
.and might have prevented it ; but being neither forced nor compelled" 
did for their own particular Gain willingly betray thofe that had com- 
mitted their Liberty to their Cuftody. 

fVfoerefore f -f\ings were created ? 

Now feeing that Kings have been ever eftablilhed by the people, 
and that they have had Aflbciates joy ned with them, to contain them 
within the limits of their Duties, the which Aflbciates confidered in 
particular one by one, are under the King, and altogether in one intire 
Body are above him. We muff, consequently fee wherefore firflJKings 
were eftablifhed,and what is principally their Duty. We ufaally efteem 
a thing juft and good when it attains to the proper end for which it is 
ordained. 

In the firft place every one Confents, That men by Nature loving Li- 
berty, and baling fervitude, born rather to Command y then obey, have not 
willingly admitted to be governed by another, and renounced as it were the 
Briviledge of Nature, by Jubmittjng themfefoes to the Commands of others: 

but- 



y 



( so ; 

but for {bmt fpecial ancTgreat profit that they expected from it. For 
as Efipe (ays, That the Horfe being before accuftomed to wander at 
his pleafure, would never have received the Bit into his mouth, nor » 
the Rider on his back, but that he hoped by that means to overmatch 
the Bull : neither let us imagine, that Kings were chofen to apply to 
their own proper ufe, the Goods that are gotten by the fweat of their 
' Subjects j for every Man loves and cherifheth his own. They have 
not received the power and Authority of the people to make it ferve 
'as a Pander to their pleafures ; for. ordinarily, the inferiors hate, or at 
leaft Envy their Superiors. 

Let us then conclude, that they are eftablifhed in this place to main- 
tain by Juftice, and to defend by force of Arms, both the publick 
State, and particular perfbns from all Damages, and Outrages, where- 
fore Saint Attguftine faith, Thofe are pr$j>erly called Lords and Ma&ers 
Aug. lib' 16. which provide for the Good and Profit of others, as the Husband for theWife, 
feciv'u.te 1 ^ Fathers for their Onldren. They muft therefore obey them that pro- 
c - *V vide for them ; although indeed to fpeak truly, thofe which govern in 

this manner, may in a fort be faid to ferve thofe, whom they com- 
mand over. 

For, as (ays the fame Doctor, they command not for the defire of 
Dominion, but for the Duty they owe to provide for the good of thofe 
that are fubje&ed to them •• not affecting any Lord like Domineering, 
but with Charity and lingular affection, deiiring the Welfare of thofe 
that are committed to them. 

* Seneca in 8 1 . Epiftle fays, That in the Golden Age, wife Men only 
governed Kingdoms, they kept themfelvcs within the bonnds of Mo- 
deration, and prcferved the meanelt from the oppremon of the grea- 
ter!. They perfwaded and diffwaded, according as it advantaged or 
difadvantaged, the publick profit j by their Wildom, they f u»ni(hed 
the publick with plenty of all necelTarics, and by their difcretion 
prevented fcarcity, by their Valour and Courage ri-.ey expelled Dan- 
gers, by their many benefits they encreafed and inriched their Sub- 
jects, they pleaded not their Duty, in making pompous (hews, but in 
well-governing their people. No man made Tryal what he was able 
to do againft them, becaufe every one received what he was capable 
of from them, &c. 
* Therefore then to govern is nothing el{e but to provide for ; Thefe 

proper ends of commanding, being for the peoples Co;rwnodity ', the 
only Duty of Kings and Emperors is to provide ror the peoples Good. 
The Kingly Dignity to fpeak proper!} is not a Title of Honour, but a 

weighty 



< 8 3) 

weighty a"d burdenfome Office : It is not a discharge or vacation from 

iffairSj to run a licentious courfeof liberty,but a charge and rocatioti 
to all enduftrious Employments, for the fervice of the Common- 
wealdi •, the which hath fome glimpfe of honour with it, becaufe ia 
thofe firft and Golden Ages, no man would have tailed of fuch conti- 
nual troubles, if they had not been fweetned with fomerelifh of ho- 
nour •, inf©much, as there was nothing more true, then that which was 
commonly faid in thofe times, If every man knew with what tur- 
moyles and troubles the Royal Wreath was wrapt withal, no man 
would vouchfafe to take it up, although it lay at his feet. 

When therefore that thefe Words of mine and thine entred into the *f u 
World,and that differences fell amongit fellow- Citizens, touching the ^ . 
propriety of Goods,and Wars amongft Neighbouring People about the 
right of their Confines, the People bethought themfelves to have re- 
courfe to fome one, who both could and mould take order that the 
Poor were not opprefTed by the Rich, nor the Patriots wronged by 
ftrangers. 

Nor as Wars and Suits encreafed, they chofe fome one, in whofe 
Wifdom and Valour they repofed molt confidence. See then where- 
fore Kings were created in the firft Ages j to wit, to Adminifter Juftice 
at home,and to be Leaders in the Wars abroad,and not only to repulfe 
the incurfions of the Enemy, but alfo to reprefs and hinder the deva- 
ftation and fpoyling of the Subjects and their good at home ; but a- 
bove all, to expel and drive away all devices and debauchments far 
from their Dominions. 

This may be proved by all Hiftories, both Divine and Prophane. 
For the People of God^ they had at firll no other King but God hira- 
felf, who dwelt in the middeft of them, and gave anfwer from be- 
tween the Cherubims, appointed extraordinary Judges and Captains 
for the Wars ; by means whereof the People thought they had no need 
of Lieutenants, being honoured by the continual prefence of their 
Soveraign King. 

Now when the People of God began to be a weary of the inju- 
ftice of the Sons of Sanud, on whofe old age they durfl: no longer re- 
ly, they demanded a King after the manner of o ; her People, faying <o i 
Samuel, Give m a, King as other People have, thai he ;n y jjtffee its . Tncre 5. 
is tojchei the firft and principal point of thepuny of a Kiiv^a littk\?f- 
ter they are both mentioned. We mil have (faid they) a Ki;.g oher its frfee 
othzr Nations. Our King flwll jitJse «r, and go in and out b fore us Ss^ leici 
our Armies. To do Juftice is always fet in the firft place, tor fo m.'< h as 
it is an ordinary and perpetual thing j but Wars are extraordinary,: nd 
happen as it were caiually. U Whei «- 



( 8 4 ) 

jirijt.de Wherefore, ArfftotU fays, That in the time of Herold, all Kings 
pi. 1. 3. were Judges and Captains. For tfic Zncedewhbin Kings, they 13 his 
c. 1 1. time alfo had Soveraign Authority only in the Army, and that confi- 
ned alfo to the Commandments oi the Epfcres. 

In like manner the Medes, who were ever in perpecual Quarrels a- 
Hcrod. mon gf t themielves, at the length chofe Deolccs for the Ju Jge, who 
* l * had carried himfelf well in the deciding of forae particular differen- 
ces ^ prefenrfy after they made him King, and gave him Officers and 
Ga -lids, that he might more eafily fupprefs the powerful and inib- 
. . lent. 

Cicero faith,that Anciently all Kings were eflablifhed to Administer 
Juftice,and that their lnititution,and that of the Laws,had one and the 
fame end, which was, that Equity and Right might be duly rendered 
to all men; the which may be verified by the propriety of the words 
almoft in all Languages. Kings are called by the Latins,^** aregendo* 
for that they mult rule and govern the limits and bounds, both of the 
publick and particulars. The names of Empcrours, 
The Engl'Jl) word Princes,and DJkes have relation to their conduct 
KING is derived in the wars, and principal places in Combats, and 
from the Konigcn-, other places of Command- Like wife the Greekes 
which figmfies ei- call them in their Language, Bafiles, Archa, Hegc- 
ther fortitude or modes, which is to fay.props of the people, Princes, 
wifdom. Conductors. The Germans and other Nations 

life all iignificant names, and which exprefle, that 
the duty of a King confiib not in making glorious Paradoes ; but that 
Horn. lib. jt is an office of a weighty charge and continual care. But in brief, 
i. Iliad, the Poet Homer calls Kings the Judges of Cities, and in defer ibing of 
0vid.l,4. Agamemnon* he calls him wife,lT:rong,and valiant. 

met a. JujtiadHbiumva. As alfo, Ov«/fpeaking of Eriehtheus^ fays, That 
lidtne potentior ay- it was hard to know, whether Juftice or Valour 
mis. were more tranfparent in him ; in which thefe 

two Poets feems exactly to have defcribed the 
dnties of Kings and Princes. You fee what was the Guftom of the 
Kings of the Heathen Nations \ after whofe examples, the Jews de- 
manded and eflablifhed their Kings- 
The Queen of Sheb* faid alfo to Solomon* That God had made him 
a chron. K j n g 0ver tnem t0 jo judgment and Juftice. -^ 

&r r \ And Solomon himfelf fpejking to God, faith, Thou hair chofen me 

Wtfdom t0 bc a K j pg oyer thy p e0 pi^ an d a Judge of thy Sons and Daugh- 

*' * ters. 

For 



^55; 

For this caufe alfo the good Kings,as David,yofcpbat,zr\c\ others>be- 
ing no!: able in their own Perfons to determine all the fuits and diffe- 
rences of their Subjects(aIthoughin the caufes of greateft Importance 
they received an appeal always to themfelves, as appears in Samuel ) 2 s*m» 
had ever above all things a fpecial care, to eltablifh in all places Juft !*. 2 . 
and Difcreet Judges, and principally ftill to have an eye to the right l chrcft. 
Adminiftration of Juftice; knowing themfelves to carry the Sword, as 254 ^ 
well to chaftife Wicked and Unjuft; Subjects, as torepulfe forreign 2 ^ 29# 
Enemies. 2 chron* 

Briefly, as the Apoftles fays, The Prince is ordain d by God for the ^ 1J; 
good and profit of the People, being armed with the Swerd to defend the good R Qm% j , > 
from the violence oftht wicksd&nd when he difchargeth his duty there- 
in, all men owe him honour and obedience. 

Seeing then that Kings are ordained by God, and eftablifhed by the 
People, to procure and provide for the good of thofe which are com- 
muted unto them, and that this Good or Pro it be principally ex- 
prefTed in two things, to wit, in the admimiftration of Juftice to their 
Subjects, and in the managing of Armies for the repulimg their Ene^ 
mips: certainly, we muft infer and conclude from this, that the 
Pi ince which applies himfelf to nothing hut his peculiar profits and 
pleafures, or to thofe ends which moil: readily conduce thereunto, 
which contemns and perverts all laws, which ufeth hisfubjects more 
cruelly then the barbarous Enemy would do, he may truly and really 
be called a Tyrant and that thofe which in this manner govern their 
Kingdoms, be they of never fo large an extent? are more properly 
unjuftpillagers and free-hooters, then Lawful Governours. 
Whether Kings be above the Law. 

We mull here yet proceed a little further :' for it is demanded 
whether the King which prefides in the adminiftration of Juftice have 




which otherways contemn vertue, for it inforceth obedience and • - f t 
miniftreth conduct in warfaring, snd gives vigor and lifter to Juftke * . ' 
and Equity. Paufanias the Sparteine will anfwer in a word? that it be-* 
comes laws to direct, and men to yield obedience to their Authority* 
Agefilam King of Sparta fays, that all commanders muft obey the com- • 
mandments of the laws. But it (hall not be amifs to carry this 
matter a little higher, when People began to feek for Juftice to deter- 
mine their differences, if they met with any private man that did 

M 2 juiib 



(*6) 

-juftly appoint them they were fatisfied with it, now for fo much ss 
fuch men were rarely and with muck difficulty met withal, and for 
that the judgments of Kings received as laws were oftentimes 
found contrary and difficult, then the Magiftrates and others of great 
wifdom invented tews, which might fpeak to all men in one and the 
fame voice. Thb being done, it w-^cxprefly enjeyned to Kings, that 
they mould be the guardians and adr, iniftrotors andfometimesalfofor 
io mLch as the laws could not foreiee the particularities of actions 
to refolve exactly, it was permitted the King to fupply this defect, by 
the fcme natural equity by which the laws were drawn; and for 
fear leaft they fhould goagainft law, the People appointed them from 
time to time Aflbciates, Councellors, of whorli we have formerly made 
mention, wherefore there is nothing which exempts the King from 
obedience which he owes to the Law, which he ought to acknowledge 
as li-. Lady and Miftrefs, efteeming nothing can become him wcrfe 
then that feminine of which Juvenal fpeaks : Sic nolo-, fie ]ub;o, Cc 
fro rAtionc voluntas. I will, I command, my will fhall ferve inftead of 
reafon, neither fhould they think their Authority the lefs becaufe they 
are confinM to laws, for feeing the law is a divine gift coming from 
above, which humain focietiescre happily governed and addielTed to 
their bell and blefledeft end j thofe Kings are as ridiculous and wor- 
thy of contempts, which repute it adifhonourto conform themfelves 
to law, as thofe furveyors which think themfelves difgraced, by ufing 
of a rule, acompafs, a chain or other instruments, which men under- 
standing the art of furveying are accuftomed to do, or a Pilot which 
had rather fayle, according to his fantafie and imagination, then 
fteer his courfe by his Needle and Sea-Card \ who can doubt, h:t that 
it is a thing more profitable&convenient to obey thelaw,thenthe king 
whoisbutoneman?thelawbthe foul of a good king, it gives him mo- 
tion fence and life- The King is the Organ and as it were the body by 
which the Law difplays her forces, exercifes her function, and exprc fles 
her conceptions •, now it is athing much more reafonable to obey the 
foul, then the body, the law is the wifdom of diverfe fages, recollect- 
ed in few words, but many fee more clear and further then one 
alone : It is much better to follow the Law then any one mans opini- 
on be he never fo acute, the law is reafon and wifdom it felf, free from 
aH perturbation, not fubject to be moved with Cholcr, Ambition* 
Hate, or acceptances of Perfons •, Intreaties nor threats cannot make 
to bow nor bend ; on the contrary, a man though endued with reafon 
fuffers hirniclf to be lead and tnnfported with anger, defire of re- 
venge, 



c »7 ; 

renge,and others Pcffions which perplex him in fuch fcrt,that he fetf* 
feth his underftar.ding, becaufe being compcfed of reafon and cifcr- 
dered afT dions, he cannot io contain himfelf, but fometimcs bis paf- 
fions becomes his Matter- Accordingly we fee tbzvralentww a good 
Emperour, permits thofe of the Empire to have two Wives at once, 
becaufe he was milled by that impure afLclioi". Becaufe Cambtfes 
the Son of Cyrttt became inamoured of his own Sifter,he would there- 
fore hive Marriages between Brother and Sifter, be approved and 
held Lawful ; Cub*des Ki'g of the Perfians prohibits the pani&ment 
of Adulterours - 7 we muft look for fuch Laws every day, if \ i will have 
theLawfubjotftotheKina,- Tocometoourpurpofe, TheL^wisan 
Undemanding Mind, or rather an Obftacle of many Under [typings : 
theMindbein^thefealof all the intelligent faculties, is (it 1 may To 
term it) a V^ z l of Divinity ; in fo much, as he who obeys the Law, 
feeras to obey God, and receive him for Arbitrator of the matters in 
Controv,erfie. ; . . 

But on the contrary, infomuch as Man is compofed of this Divine 
Understanding, and of a number of Unruly Pafuons •, fo looting himfelf 
in that Brutiihnefs, as he becomes void of Reafon-, r-nd being in that 
condition, he is no longer a Man,but a Bead ; he then which defrres ra- Ar ^ ot u 
ther to obey the King, then the Law, feems to prefer the Command- h y de 
mentof aBeaft before that of God. n.unda 

And furthermore, though Ariftctle were the Tutor of Alexander, & ; . y> ^ 
yetheccnfeillth.rhatthe Divinity cannot foproperly-be compared to ^ 
any thing of this Life, as to the Ancient Lsws of well governed 
Stages; he that prefers the Common- wealth, applys himfelf to Gods 
Ordinances: but he that leans to the Kings Fancies, infteod of Law, 
prefers Brutifh Senfuality before well ordered Difcretion. To which 
alfo the Prophets feems to have refpect, who in fome pbces defcribe 
thefe great Empires, under the reprefentation of ravening Be-fts. But 
to go on, is not he a very Beaft, who had rather have for his guide a 
Blind and Mad-Man,then he which fees both with the Eyes of the Body, 
aud Mind,a Beaft rather then God. Whence it comes,that thoughKmgs 
as faith Ariftotlc, for a while, at the firft, commanded without re- 
ftraint of Laws ? yetprefently after Civilized People, reduced them to 
a Lawful Condition, by binding them to keep and obferve the Laws : 
and for this unruly Abfolute Authority, it remained only amonglt thofe 
which commanded over Barbarom Nation >. 

He fays afterwards, That this Abfolute Pc wer was the next Degree 

to plain Tyranny, and'he had abfolutdy calied it Tyranny, Laj rot 

■— -- ■ ' thefe 



( 83 ) 
there beafls like Bnrbarlam, willingly fubjefted themielves unto it. 
But it will be replyed, that it is unworthy the Majefty of Kings, to 
have their Wilis bridled by Laws : But I will fay, that nothing is more 
Royal, then to hive our unruly Defires ruled by gocd Laws. 

It is much pity to be retrained from that which we would do ^ it is 
much more worfe to will that which we fhould not do, but it is the 
worft of all to do that which the Laws forbid. 

1 heir methinks a certain Furious Tribune of the People which 
oppofed the patting of a Law that was made againft the excefs which 
then Rci t ed in Rome, faying, My Matters, you are bridled, you are 
idle and fettered with the rude bonds of fervitude, your liberty is loft, 
a Law is laid on you, that commands you to be moderate : to what 
purpofe is it to fay, you are free, iince you may not live in what ex- 
cefs of pleaiure you like . ? This is the very complaint of many Kings 
at this day, and of their Minions and Flatters. 

The Royal Majefty is abofifhed, if they may not turn the Kingdom 
topfie-turvie at their pleafure. Kings may go /hake their'Ears, if 
Laws mull be obferved. 

Paradvemure, it is a miferable thing to live, if a Mad- man may not 
be fufFered to kill himfelf when he will- 

For what elfe do thofe things which violate and abolifh Laws, 
without which, neither Empires, no nor the very Societies of free- 
fgcii_ booters can at all fubfift ? 

Let us then reject thefe deteftable faithlefsand impious vanities of 
the Court- Marmoufites,which makes KingsGods,and receive their fay- 
ings as Oracles-, and which is worfe, are fo fhamelefs to perfwade 
King-, that nothing is juft or equitable of it felf, but takes its true 
form of Juftice or Injuftice, according as it pleafeth the King to or- 
dain : as if he were fome God, which could never err nor fin at all. 
Certaialji all th3t which God wiLlsis juft, and therefore, fuppofeit 
is Gods will *, but that muft be juft with the King wills, before it is his 
will. For it is not juft, becaufe the King hath appointed It •, but that 
King is juft, which appoints that to be held for juft, which is fo of it 
felf. 

We will not then fay as Anaxarchtu did to Alexander, much per* 
plexed for the Death of his Friend CUhu, whom he had killed with his 
own hands; to wit, that Themis the Goddefs of Juftice, fits by Kings 
fides, as fhe does by Jupiters, to approve and confirm whatfbever to 
them (hall feem good j but rather, fhe fits as prefident over Kingdoms, 
to feverely Chaftife thofe Kings which wrong or violate the Majefty 

of 



1 ojpeu. 



(»9) 

of the Laws : we can no ways approve that raying ofThrafhnactu the 
ChaUoni**, that the profit and pleafure of Princes, is the rule by 
which all Laws are defined ^ but rather, that right mull limit the pro- 
fit of Princes, and the Laws reftrain their pleafures. And inftead of ap- 
proving that which that Villainous Woman laid to Qaracalia^ that 
whatsoever he deftred was allowed him : We will maintain that no- 
thing is Lawful but what the Law permits. 

And abfolntely reacting that deferable Opinion of the fame Cm** 
calii, that Princes give Laws toothers, but receive none from any; we 
will fay* Tnat in aii Kingdoms well eftablifted, the King receives the 
Laws from the people ; toe which he ought carefully to con lie" a" and 
maintain-, and vvhatfoever, either by force or fraud he dees? in Pre? 
judicecfthem, mull always be reputed unjuft. 

Kings receive Laws from the People. 

Thefe may be fufficiently verified by Examples. Before there wasa 
King in Ifrael-, God by Mifes prefcribed to him both facred and civil j) C ftt. 17 
Ordinances-;Which hefhouldhave perpetually before his Eyes ; but af- 
ter that Sad was elected and eftablifhed by the People, Samuel deliver 
red it to him written, to the end, he might carefully obferve it , nei- 
ther were the fuccceding Kings received before they had Sworn to keep 
thofe Ordinances. 

The Ceremony was this,Tr. at together with the fetting of theCrown 
on the Kings head, they delivered into his hands the Book of the Te- 
stimony, which fome underftand/0-ta the right of the People of the L^nd t 
Others, the Law of Cod-, according to which he ought to Govern the People.. 
Cyrus acknowledging himfelf coniervator of his Countreys Laws, o- 
bligeth himfelf to oppofe any man that would offer to infringe them ; 
and at his inauguration, tyes himfelf to obferve them, although fome 
Flatterers tickled the Ears of his Son Cambifes % that all things were 
lawful for him. 

The Kings of Sparta, whom Ariftotle calls lawful Princes, did ever , 

ry month renew their Oaths, promifing in the hands of the£pW*, ^"^y\ 
procures for the Kingdom, to Rule according to thofe Laws which / V *' 
they had from Licurgns. ace 

Hereupon it being asked A'^i^m^-, the Son oiZeuxidamm^ who 
were the Governors of Spartai he anfwered, The Laws 7 end the lawful 

And 



( 90 ) 

And Jeaft the Law? fiiight grow into ccntempt,thefe people bragged 
that they received them from Heaven \ and chat they were inipired 
from above, to the end, that men might believe that their determina- 
tions were ftcm Gcd, aed not from Man ; -the Kings of Egypt did in 
nothing vary from the Tenourof the Laws, and confeiTed that their 
principal Felicity confifted in the obedience they yielded to them. 
Romufw at the Institution of the Romon Kingdom, made this agree- 
ment with Senators, the people (hoold make Laws, *nd he would take 
both for nimfelf and others, to fee them obferved and kzyt.Anticchu4 
tire thifc of ihat .Name, King of AJia, Writ unto ail the Cities of his 
• Kingdom, That if in the Letters feist unto them in his Namctherewere 
any EhSng found repugnant to the Laws, they fliould believe they 
were no act of the Kings, and therefore yield no obedience unto 
them. Now although fome Citizens fay, That by D cree of Senate, 
the Emperour A'^ft^s was declared to be exempt from obedience 
to Laws-, yet no:withftanding, Theodofius, and all the other good 
and realcnabie Emperours, have profefTed that they were bound to 
the Laws, left what had been extorted by Violence, might be ac- 
knowledged and received inftead of Law. And for AMgHJkns r Qi/*r% 
infomuch as the Romxn Common-wealth was enthralled by his 
power and violence ; fhe could fay nothing freely, but that (lie had loft 
her freedom. And becanfe they durft not call Angnfins a Tyrant, 
the Senate faid he was exempt from all obedience to the Laws, which 
was in effect as much as if they plainly fhould hive faid the Empe- 
rour was an out-law. The fame right hath ever been of force in all 
well-governed States and Kingdoms of Chriitendom. 
• For neither the Emperour, the King of France, nor the Kings of 
Spain, England, Vdander, Hungary, and all other Lawful Princes ; as 
the Arch Dukes of An{lri<z, Dukes of Brabante, Earls of Flanders, 
and Holland, nor other Princes, are not admitted to the Government 
of their Eftates, before they have promifed to the Efcctours, Peers> 
Palatines, Lords, Barons, and Governours, that they will render 
to every one right according to the Laws of the Countrey, yea fo 
ftrictly that they cannot alter or innovate anything contrary to the 
priviledges of the Countreys, without the confent of the Toms and 
Provinces ; if they do it, they are no lefs guilty oi Rebellion againft the 
Laws then the people is in their kind, if they refbfe obedienccwhen 
they command according to Law ', Briefly, Lawful Princes receive the 
Laws from the People as^well as the Crown,in lieu of Honour,and the 

Scepter 



fcepter in lieu of power, which they are bound to keep and maintain 
and therein, repofe their chiefeft Glory. 

Jf the Prince may make new Laws ? 
What then ? fhall it not be lawful for a Prince to make new Laws 
and abrogate the old ? feeing it belongs to the King, not only to aavife 
that nothing be done neither againft, nor to defraud the Laws : but 
alio that nothing be wanting to them, nor acy thing too much in 
them i briefly ,that neither Age nor Lapfe of time do aboiifh or entomb 
them j if there be any thing to abridge,to be added or taken away from 
them, it is his Duty to alfemble the Eftates, and to demand their Ad- 
vice and Refolution, without prefuming to publifh any thing before 
the whole have been, firft, duly examined and approved by them, af- 
ter the Law is once enacted and publifhed, there is no more defpute 
to be made about it, all men owe obedience to it, and the Prince in 
the firft place, to teach other men their Duty, and for that all men 
are eafilier led by Example than by Precepts, the Prince muft nece£ 
farily exprefs his Willingnefs to obferve the Laws, or elle by what 
equity can he require Obedience in his Subjects, to that which he 
himfelf contemns. 

For the difference which is betwixt Kings and Subjects, ought not 
to confift in Impunity, but in Equity and Juftice. And therefore, al- 
though Augufius was efteemed to be exempt by the Decree of the Se- 
nate, notwithstanding reproving of a young man that had broken 
the Julian Law concerning Adultery, he boldly replied to Anguftut^ 
that he himfelf had tranfgreffed the fame Law which condemns Adul- 
terers. The Emperor acknowledged his Fault, and for grief forbore Demoxh in era- 
too late. So convenient a thing it is in Nature, to pracHfe by exam- tio com, Timo- 
ple that which we would teach by precept. cr4t ' 

The Lawgiver Solon was wont to compare Laws to Money, for they / 
maintain human (bcieties, as mony preferves Traffick, neither impro- 
perly, then if the King may not lawfully, or at the leaft heretofore 
could not mannace or embafe good Money without the content of the 
Common- wealth, much more lefscan he hove power to make and innocen. 3. *,. 
unmake Laws, without the which, nor Kings, nor Subjects, can cohabit rcgen. Fam. in 
in (ecurity, but muft' be 1 forced to live brutilhly in Caves and Defirts ca - ic V 4re i u ~ 
like wildBeafts,wherefore alio theEmperor ofcermany cfteemlngit need- ™ °* 
ful to make fbme Law for the good of the Empire, firft he demands , 
the Advice of the Eftates,if it be there approved,the Princes,Barons and 
Deputies of the Towns fign it, and then the Law is ratified, for he fb- 
lemnly (wears to keep the Laws already made, and to introduce no 
new ones without a general Content. N There 



( 90) 

There is a Law In Polonia, which hath been renewed in the Year 
145-4. and alio in the year 15:38. and by thofe it is decreed, that 
no new Laws (hall be made, but by a common Content, nor no- 
where elfe, but in the General Aflcmbly of the Eftates. 

For the Kingdom of France, where the Kings are thought to have 
greater Authority than in other places ; antiently, all Laws were on- 
ly made in the Aflembly of the Eftates, or in the Ambulatory Parlia- 
ment. But fince this Parliament hath been Sedentary, the Kings E- 
dicls are not received as authentical, before the Parliament hath ap- 
proved rhem. 

Whereas on the Contrary,, the Decrees of this Parliament, where 
the Law is defective, have commonly the power and effect of Law. 
In the Kingdoms of England, Spain, Hungary, and others, they yet en- 
joy in fbme fort their ancient Priviledges. 

For, if the Welfare of the Kingdom depends on the obfervation of 
the Laws,and the Laws are enthrauled to the pleafure of one man ; is it 
not raoft certain, that there can be no permanent liability in that Go- 
vernment ? Muft it not then neceflarily come to pals, that if the King 1 
(as logie have been)r be infected with Lunacy, either continually, or 
by intervals, that the whole State fall inevitably to mine ? But if 
the Laws be luperior to the King, as we have already proved, and 
that the King be tied in the fomerefpect of obedience to the Laws, as 
the Servant is to his Matter, who will be Co fenflefi, that will not ra- 
ther obey the Law than the King i or will not readily yield his bed 
affiftance agamfr. thofe that feek to violate or infringe them ? Now 
feeing that the King is not Lord over the Laws, let us examine how 
far his Power may be juftly extended in other things. 

Whether the Prince have Power of Life and Death ever his 
Subjects ? 

The Minnions of the Court hold it for an undeniable Maxim, That 
Princes have the fame power of Life and Death over their Subjects, 
as antiently Matters had over their Slaves, and with thefe falfe Ima- 
ginations have fb bewitched Princes, that many, although they put 
not in ure with much rigour this imaginary right, yet they im.igine 
that they may lawfully do it, and in how much they defitt from the 
practife thereof, infdmuch, that they quit and relinquilh their 
right and due. 

But 



(9i ) 

But we affirm on the contrary, that the Prince is but as the Mlni- 
ftcr and Executor of the Law, and may only unfheath the Sword a- 
gainft thofe whom the Law hath condemned j and if he do other- 
wife, he is no more a King, but a Tyrant ; no longer a Judge, but 
a Malefactor, and inftead of that honorable Title of Confervaior, he 
fliall bejuftly branded with that foul Term of Violator of the Law 
and Equity. 

We mud here firft of all take into our Confideration the founda- 
tion on which this our Difputarion is built, which we have refblved 
into this Head, That things are ordained for the benefit and profit of the 
publicly State ; this being granted, the queftion is fbon difcuft : For 
who will believe that men fought and defired a King, who upon any 
fudden motion, might at his pleasure cut their Throats ; or which 
in colour or Revenge, might when he would take their Heads from 
their Shoulders. 

Briefly, who (as the wife man fays) carries Death at his tongues 
end, we muft not think fb idely. 

There is no man fb vain, which would willingly that his Welfare 
mould depend of anothers pleafure j Nay, with much difficulty will 
any man truft his Life in the hands of a Friend or a Brother, much lefs 
of a Stranger,be he never fb worthy .Seeing that Envy,Hate, and Rage 
did fb far tranfport Athanai and Ajax y beyond the bounds of reafon, 
that the one killed his Children,the other failing to efte& his defire in 
the fame kind againft his Friends and Companions, turned his Fury 
and murtherous intent, and a&ed the fame Revenge upon himfelf. 
Now it being natural to every man to love himfelf, and to feek the 
prefervation of his own Life. 

In what affurancej pray you, would any man reft, to have a Sword 
continually hanging over his head by a fmall thread, with the point to- 
wards him ? Would any Mirth or Jollity relifh. in fuch a continual 
Affright ? Can you poffibly make choice of a more flender Thread, 
than to expofe your Life»and Welfare into the hands and power of a 
Man fb mutable, that changes with every puff of Wind. Briefly, 
which almoft a thoufand times a day, (hakes off the Reftraint of Rea- 
fbnand Difcretion, and yields himfelf Slave to his own unruly and 
difordered Paffions. 

Can there be hoped or imagined any profit or advantage fo great 
or fb worthy, which might equallixe or counterpofe this fear, or this 
danger ? Let us conclude then, that it is againft Delinquents only, 

N x whom 



( M ) 

whom tVie mouth of the Law hath condemned, that Kings may 
draw forth the Sword of their Authority. 

If the K}ng may f anion ibofe tvhom the Law condemns ? 
But becaufe Life is a thing precious, and to be favoured, perad- 
venture it will-be demanded, whether the King may not pardon and 
abfolve thofe whom the Law hath condemned ? 

I anfwer, no. Otherwife this cruel pitty would maintain Thieves, 
Robbers, Murtherers, Ravimers, Poy/bners, Sorcerers, and other 
Plagues of Mankind, as we may read Tyrants have done heretofore 
in many places, and to our woful Experience, we may yet fee at this 
prefent time ; and therefore, the flopping of Law in this kind, will by 
impunity, much encrcafe the Number of Offendors. 

So that he which received the Sword of Authority from the Law, 
to pardon Offences, will arm Offenders therewith againft the Laws, 
and put himfelf the Wolf into the Fold, which he ought to have war- 
ranted from their ravenous Outrage. > • 

But for fb much that it may chance in fbme occasions, that the 
Law being mute, may have need of a (peaking Law, and that the King 
being in (bme cafes the apteft Expofitor,taking for the Rule of his Ac- 
tions, Equity and Reafon, which as the Soul of the Soul may fb 
clear the intention thereof, as where the Offence is rather committed 
againft the Words, than the Intendment of the Law, he may free the 
innocent Offender from the Guilt thereof becaufe a juft and equitable 
Expofition of the Law may in all good reafon be taken for Law it 
felf, as neareft concurring with the Intention of the Law-Ma- 
kers. 
1. Notninis # Notwithstanding, leaft Paflion fhould prepoffefs the place of reafon, 
ret S. verbim Kings mould in this, fafhion themfelves to the ordinary practice of the 
CX hi f E m P eror Severus, not to determine abfblutely any thing before it 
' * were maturely difcufled by upright and difcreet Men in that Facul- 

ty- 

And fb the King may rigorously puniflj the Murtherer ; and yet 

notwithstanding, pardon him, which casually, and without any fiich 
purpofe killethone. He may put to death the Thief, and yet pardon 
that man, which in his own defence killeth him that would have rob- 
bed him. Briefly, in all other Occurrences he may diitinguifh, as 
being eftablifhed Arbitrator and Neuter, Chance-medly from Malice, 
forethought a good purpofc from the Rigor of the Law, with- 
out favouring at any time Malice or Treafbn. Neither can the 

right 



G*1 ) 

right omimon of this duty gain to him any true tjleera,. of niero 
ful: for certainly tliat Shepheard is much more pitiful which kills 
the YVoif,then he which lets him elcape ? the clemency of that KJng 
is more commendable which commits the Malefactor, to the Hang- 
man,than he which delivers him ; by putting to death the Mur- 
therer, many Innocents are delivered from danger: whereas by 
filtering him toefcape, both he and others through hope of the 
like Impunity, are made more audacious to perpetrate farther mifc 
chief, fo that the immediate aclt of laving one Delinquent, arms 
many hands to murther divers Innocents ; there is therefore both 
truly Miidnefs in putting to death fbme, and as certainly Cruelty 
In pardoning or. others. Therefore as it is permitted the King, 
being as it were Cufios of the Law, iuibme cafes to interpret the 
words thereof ; fo in all well ordered Kingdoms, it is enjoyned 
the Counfel of State, and their duty obligeth them to examine 
the Kings interpretation, and to moderate both hisfeverity and fa- 
cility. If through the corruption and weaknefs of Men this have 
not been fo really and throughly oblerved as it ought: Yet 
notwithftanding the right always remains intire, and there 
wants only Integrity and Courage in the Parties to make it ef- 
fectual. 

But not to heap up too many Examples in a matter Co manifeft- 
ly clear, it hath been in this manner praefifed in the Realm of 
France. For we have there oftentimes feen thofe put to death, to 
whom the King had granted his Charter of Pardon : and thofe 
pardoned, whom he commanded mould be put to death. And 
lometimes Oftences committed in the King's prelence remitted, 
becaufe there was no other Witnefs but himlelf. The which 
happened in the time of Henr.i.. to a certain ilranger, who was ac- 
cuied by the King himlelf of a 'grievous offence. If an Offender 
by the intercetfion of Friends have his Pardon granted by the 
King, the Chancellor upon lufficient caufe may cancel it: If the 
Chancellor connive, .yet muft the Criminal prelent it before the 
Judges, who ought not only carefully to conlider, whether the Par- 
don were gotten by.Xurreptiiious or indirect means, but alio if it 
be legal,and in due form:. Neither can the Delinquent that hath 
.obtained his Charter of Pardon make ufe of it, until, tirft he ap- 
peal in Publick Court bare-headed, and on his knees plead ir 3 
iubmitting himfelf Prilbner until the Judges have maturely 

weighed 



f 94 ^ 
weighed and confidered the reafbns that induced theKing to grant 
him his pardon .- If they be found infufficient, the offender mull 
fuffer the punifhment of the Law, as if the King had not granted 
him any pardon : But if his pardon be allowed, he ought not fo 
much to thank the King, as the equity of the Law which fared his 
life. The manner of thefe proceedings was excellently ordained, 
both to contain the King within the limits of equity, left being 
armed with publick Authority, he mould leek to revenge his own 
particular fpleen, or out of fancy or partiality remit the wrongs and 
outrages committed againft the publick fafety* as partly alfo to 
reiirain an opinion in the Subject, that any thing could be ob- 
tained of the King which might prejudice the Laws. If thefe 
things have been ill obferved in our times, notwithstanding that 
which we have formerly (aid, remains always certain, that it is 
the Laws which have power over the lives and deaths of the In- 
habitants of a Kingdom, and not the King which is but Admini- 
ftratorand Confervatorof the Laws. 

Sub] efts are the Kjngs Brethren, and not his Slaves. 

For truly neither are the Subjects, as it is commonly faid, the 

Kings Slaves, or Bondmen ; being neither prisoners taken in the 

Wars,nor bought for money : But as confidered in one intire body 

they are Lords, as we have formerly proved ; fb each of them in 

particular ought to be held as the Kings Brothers and KjnjmenAtid. 

to the end that we think not this ftrange, let us hear what God 

^ Deut.17. 15. himfelf faith when he prefcribes a Law to Kings j That they lift: 

20. not their heart above their Brethren from amongft whom they 

Barto.intradf. wercchofen. Whereupon Bartdut a famous Lawyer, who lived in 

° x an age tkat bred many Tyrants, did yet draw thisconclufion from 

that Law, that Subjects were to be held and ufed in the quality 

, and condition of the Kings Brethren, and not of his Slaves. Alfo 

"*■ • • • Ring David was not afhamed to call his Subjects his brethren. The 

ancient Kings were called Abimclcch^ an Hebrew word which figni- 

fies, My father the King. The Almighty and all good God, of 

whole great gentlenefs and mercy we are daily partakers,and very 

feldom fed his feverity, although we juftly delerve it, yet is it 

always mercifully mixed with compallion ; whereby he teacheth 

Princes, his Licutenents, that Subjects ought rather to be held in 

obedience by love, than by fear. 

But left they fliould except againft me,as if I fought to intrench 

too 



( 95) 

too much upon the Royal Authority, I verily believe it is ft much 
the greater, by how much it is likely to be of longer continuance. 
For faith one, fervile fear is a bad guardian, for that Authority Cicer. !. 2, 
wedefirc mould continue; for thofe in fiibje&ion hate them they ° c * 
fear, and whom we hate, we naturally wifh their deftrucHon : On 
the contrary, there is nothing more proper to maintain their Au- ' 
thority than the afreclion of their fubje&s, on whole love they 
may fafeliell and with mofl fecurity lay the foundation of their' 
greatnefs. And therefore that Prince which governs his Subject* 
as Brethren, may confidently a flure himfelfto live fecurcly in the 
mi ill of dangers .- whereas he that ufeth them like flaves, mult' 
needs live in much anxiety and fear, and may well be refembled 
to the condition of that Mailer which remains alone in fome De- 
fart in the midft of a great Troop of Slaves, for look how many 
Slaves any hath, he mull make account of lb many Enemies, 
which almoft all Tyrants that have been killed by their Subjects 
have experimented: Whereas on the contrary, the Subjects of 
good Kings are ever as fblicitoufly careful of their fafety, as of 
their own welfare. 

To this may liave reference that which is read in divers pla- Plato lib.8. de 
ces of Ariftotle, and was faid by AgAJicles King of Sparta, That epub. Seneca. 
Kings comma nd as F athers over their Children, and Tyrants as Aliud ett ier- 
Mallers over fh'elr Slaves, which we mud take in the fame fence, \y e( \{ rc . a ij uc j 
that the Civilian Martianus doth, to wit, that Paternal Authority libertas, aliud 
confifts in Piety, and not in Rigour, for that which was pra£H- licentia. 
fed amongft the Men of the Accorn Age, that Fathers might ^ j D j ^ e ^ 
fell, -arid put to death their Children at their pleafiire, hath no Au- j eg Q^e 
thority amongft Chriftians, yea, the very Pagans which had any a m de ficar 
humanity, would not permit it to be pra&ifed on their Slaves, ubiulp. L.i- 
Therefore then the Father hath no power over the fbns life, be- c * ^ e P ari "i c ^ 
fore firft the Law have determined it, otherwife he offends the 
Law, Cornelius againfl privy Murtherers,and by the Law Pcmpeius 
againft Parricides, the Father is no lefs guilty which kills the fbn, ^r- 
than the Son which murthers the Father : For the fame occafion 
the Emperor Adrian banifhed into an Ifland, which was the ulual 
punifhment for Notorious Offenders, a Father which had (lain 
his Son , of whom he had entertained a jealous opinion 
for his Mother-in- Law, concerning Servants or Slaves, we are ad- 
monifhed in holy writ to ufe them like Brethren, and by Human 

Conflitu- 



(9^ ) 
Coiiftitutions as Hirelings, or Mercenaries. 
Eodefiaft.35. • By the Civil Law of the Egyptians, and fymans, and by the 
C ffr- r,1 rv 3 ri Conftituiions of the Antonims, the Matter is as well liable to pu- 
Sic Hb 2 C 2. n ^ ment which hath killed his own (lave, as he which killed ano- 
L.i. D.'de'his ther mans. In like manner the Law delivers from the power of 
qui funt fui, the Matter, the Slave whom in his ficknefs he hath altogether 
vel. al. juris, negle&ed, or hath not afforded convenient food, and the infran- 
cftifed Slave whole condition was fomewhat better, might for any 
apparent injury bring his action againft his Patron. Now feeing 
there is fo great difference between Slaves, and Lawful Children, 
betwixt Lords and Fathers, and notwithstanding heretofore it 
was not permitted amongft the Heathen, to ufe their Slaves cru- 
elly ; What (hall we fay, pray you, of that Father of the peo- 
ple, which crys out tragically with Atreus, I will devour my Chil- 
dren ? In what efteem fhall we hold that Prince which takes fuch 
pleafure in the maflacring his Subjects, (condemned without being 
ever heard) that he difpatched many thoufand of them, in one day, 
and yet is not glutted with blood: Briefly who after the Example 
of CaliguU (furnamed the Phaeton of the World) wifheth that all 
his people had but one Head that he might cut it off at one blow ? 
Shall it not be lawful to implore the afliftance of the Law againft 
fuch furious madnefs, and to pull from fuch a Tyrant the fword 
which he received to maintain the Law, and defend the good, 
when it is drawn by him only for rapine, and ruine ? 

W/Jttber the goods of the people belong to the KJng ? 
But to proceed, let us now fee whether the King whom we 
have already proved, hath not power over the lives of his 
Subjects ; is not at the lead: Lord over their Goods. In thefe 
days there is no language more common in the Courts of 
Princes, then of thofe who fey all is the Kings. Whereby it 
follows, that in exacting any thing from his Subjects he takes but 
his own, and in that which he leaves them> lie exprefltth the care 
he hath that they fhould not be altogether deftirute of means to 
maintain themfelvesjand this opinion hath gained Co much power 
in the minds of fome Princes, that they are not afhamed to 
fay that the pains, fweat and indullry of their Subjects is their 
proper Revenue, as if their miferablc Subjects only kept Beafts 

to 



( 97) 

to Till the Earth for their infolent Matters profit, and luxury. And 
indeed, the praclife at this day is juft in this manner, although in 
all right and equity it ought to be, Contrary ,ncw we muft always 
remember that Kings were created for the geed and profit of the 
Pecple, and that thofe (as Anfiotle fays) which indeavour and 
feek the Commodity of the People, are trufty Kings: whereas 
thole that make their own private ends and pleafures, the only 
butt and aim of their defnes are truly Tyrants. 

It being then (6 that every one loves that which is his own, 
yea that many covet that which belongs to other Men, is it any 
thing probable that Men mould feek a Matter to give him frankly- 
all that they had long laboured for, and gained with the Sweat 
of their Brows ? May we not rather imagine , that they chofe 
fuch a Man on whofe integrity they relied for the adminiftring 
of juftice equally both to the Poor and Rich, and which would 
not afliime all to himfelf, but rather maintain every one in the 
fruition of his own goods ? or who like an unprofitable Drone, 
mould fuck the Fruit of other Mens Labours, but rather pre- 
ferve the Houfe,for thofe whofe induftry juftly deferved ft r briefly, 
who inftead of extorting from the true owners their goods, would 
fee them defended from all ravening Oppreflbrs? What I pray 
you skills it fays the poor Country man, whether the King, or 
the Enemy make havok of my Goods, fince through the fpoil 
thereof I and my poor familyclie for huneer"?^what imports it 
whether a Stranger or home-bred Caterpiller ruine my Eft ate,and 
bring my poor fortune to extream beggery ? Whether a forrein 
Souldier, or a Sicophant Courtier by force or fraud, make me a 
like miferable r**VVhy fhall he be accounted a barbarous Enemy , 
if thou be a friendly Patriot ? Why he a Tyrant if thou be King ? 
Yea certainly by how much Paracide is greater men Manflaugh- 
ter, by fb much the wickednefs of a King, exceeds in mifchief 
the violence of an Enemy. 

If then therefore in the Creation of Kings, Men gave not their 
own proper goods unto them, but only recommended them to 
their protection ; by what other right then, but that of free 
booters, can they challenge the property of other Mens goods 
to them (elves ? Wherefore the Kings of Egypt were not (accord- 
ing to Law ) at;the firft the Lords of particular Mens Eftateo,but 
were only then when they were fold unto them for Corn, and 

yht 



(9») 

^KxtiS' 2i, y ecnw y there well be queflion made of the validity of that con- 
j, & c# ' * trait. Ahab King of Ifrncl could not compel Naheth to fell him h is 
L.venditor.11, Vineyard ;but rather if he had been \villing,the Law of God would. 
D. de com. nQ t permit it. • The Unman Emperors which had an unreafbnable 
fr*i..iivH. power, could neither by right have done it. At this day there is 
with much difficulty, any Kingdom jo be found, where the 
meaner! Subject may not fait the King, and where many times the 
King is not call in the fuit, which fucceeding he mult as well as o- 
thers facishe the Judgment. And to this is not contrary, although 
at the firft veiw it feem fb, that which fome of their mod fami- 
liars have written of the Emperors. That by the civil Law all 
things were the Kings, and that ,C,vfar was abfblute Lord of all 
things, they themfelves expound this their opinion in this mam 
ner, that the Dominion of all things betaigs to the King, and 
the propriety to particular Perfons, in Co much as the one pof- 
feflethall by the right of commanding, the* other by the Law of 
Inheritance .- We know that it is a common faying amonglt the 
Civilians, that if any make claim to a Houfe- or a Ship, it fol- 
lows not therefore that he can extend his right to all theFurni? 
ture or Lading. And therefore a King may challenge and gain 
right to the Kingdom of Germany, France. and England: and yet 
notwithftanding he may not lawfully take any honeft Mans fi- 
liate from him, but by a. manifeit injuilice, feeing that they are 
things diver fe,, and by Law diftinguifhed, to be poflefors of the 
whole, and of all the particular parts,. 

Woetlxr the King be, the proper owner of the Kingdom} 

But the. King,is he not Lord proprietor of the pubiick Reveniier 1 
We mu(t - handle this point fomewhat more exactly then we did 
the former. In the firft place,we mult confider that the Revenue of 
the pubiick Exchequer is one thing, and the proper Patrimony of 
the Prince another, of different Nature are the goods of the Em- 
peror,King, or Prince ; to thofe of Antonius,Heary,ov Phillips thofe 
are properly the Kings, which he enjoys as King, thofe are An- 
twins his which he poflefleth, as in the right of Antomus, the 
former he received, from the people, the latter from thofe of his 
blood, as inheritor to them. 

This diftin&ion is frequent ill the Books of the Civil Law, 
where there is a difference ever made, between the Patrimony of 

w the 



( 99 ) , . 

the Empire, and that of the Emperor, the Treafory of defar is one 
thing, and the Exchequer of the Common-wealth another, and 
both the one and the other have their feveral procurers, there 
being diverfe difpenfers of the facred and publick diftributions, 
and of the particular and private Expences, infbmuch as he which 
as Emperor is preferred before a private Man,in a grant by Deed 
or Chattel, may alio fome'time as Antonius give place to an infe- 
riour perfbn. 

In like manner in- the Empire of Ge rmanyjhz Revenue of Ferdi- 
nand of Auflria is one thing, and the Revenue of the Emperor 
Ferdinand's another.- the Empire, and the Emperor have their fe- 
veral Treafures.- as alio there is difference in the Inheritances 
which the Princes derive from the Houfes of their Anceftors, and 
thofe which are annexed to the Electoral Dignities. Yea a- 
monft the Turks themfelves, Selimus his Gardens and patrimo- 
nial Lands are diftinguifhed from thofe of the publick, the one 
ferving for the Provifion of the Sultans Table,the other imployed 
only about the Turkijh Affairs of State. There be notwithstand- 
ing Kingdoms as the French and Englifh, and others in which the 
King hath no particular Patrimony, but only the Publick which 
he received from the People, there this former diftin&ion hath 
no place. For the goods which belongs to the Prince as a pri- 
vate Perfbn there is no queftion , he is abfblute owner of them 
as other particular Perfbns are, and may by the Civil Law fell, 
ingage, or difpofe of them at his pleafure. But for the goods of 
the Kingdom, which in feme places are commonly called the 
Demeans, the Kings may not be efteemednor called in any (on 
whatfbever, abfolute Lords Proprietors «f them. For what if 
a Man for the Flocks fake hare made thee Shepheard, doth it fol- 
low that thou haft liberty, to flea, pill, fell, and tranfport the 
Sheep at thy pleafiire ? Although the People have eftabliflied 
thee Judge, or Governour of a City, or of feme Province, haft z. cum fervttt 
thou therefore power to alienate, fell, or play away that City or 39* See. uh. 
Province.- 3 And feeing that in alienating or parting away a Pro- & % 'f *?* u 
vince, the People alio are fold, have they raifed thee to that ^ ""fa A % 
Authority to the end thou {houldeft feparate them from the reft, f undo fitr int. 
or thattliou (houldeft proftitute and make them flaves to,wb om 
thou pleafeft? Furthermore I demand if the Royal dignity be a 
Patrimony ,or an Officer ? If it be an OfHce,wh^t Community hath 

O z it 



( io-o ). 

with any propriety? If it be a Patrimony, is it not fuch a one 
rhat at leaft the Paramount propriety remains ftill in the People 
which were the Doners? Briefly if the revenue of the Exchequer, 
or the Demeans of the Kingdom, be called the Dowry of the 
Common- wealth, and by good right, and inch a D>\vry whole 
difmembring or wafting, brings wirh it rhe ruine of the publiclc 
Srate, the Kingdom and the King, by what Law fcajl it be law- 
ful to alienate this Dowry? Let the Emperor M^nciflnus be in- 
fatuated, The French King C/w/cf .the Sixth Lurmirk, p.nd give or 
£11 the Kingdom, or part of it to the Evgiijh^et KUlcoime King of 
the Scots, lavifhly diifipate the Demeans and c; if time the Publiclc 
Treafiire, what follows for all this f Thofe which tboofe the 
King to tvithitand the lnvalions of forrein Enemies, fhall rhey 
through his Madncfs and negligence be made the Slaves of ftran- 
gers,and thole Moans and Wealth,which w,uid have feoured rhem 
in the fruition of their own Ettates and Fortunes ? Shall they by 
the Election of fuch a King beexpofed to the Prey and Rapine of 
all commers, and that which particular Perluns have faved from 
their own nectfTities, and from thole under their Turorfhip and 
Government, fas it hapned in Scotland) to inluc the Common- 
wealth with it, (hall it be devoured by fome Pandar or Broker, 
for unclean pleafures . 

But if as we have often laid, that Kings were conftiruted for 

the Peoples ufe, what fhall that ufe be, it it be perverted intoa- 

fcufe? What good can lb much mifchief, and inconvenience 

' J bfing,what profit can come of fuch eminent and irreparable dam- 

-tt&gesand dangers ? If ( I fayj in leeking to purehafe my own 

liberty and weftfare, I ingage my (elf into an abfblure thraldom, 

and "willingly fubjecl: my felf to anorhers Yoak , and become a 

fettered flave to another mans unruly delires, therefore as it is 

•mprinted in all of us by Natiire,fb'alfo hath .it by a longcuftom 

'feeed^pproved by nil Nations, that it is not lawful for the Khyy 

! by the Counfel of his own fancy and pfeafare, to diminfoh or 

Wafle the publick Revenue; and thofe which have run a contrary 

courfc, have even loft that hnppy Name of a King, and Itood 

. . branded with the infamous Title or a Tvr-,nr. 

P I'fottfefs that ^heri Kings were indited, there was'of woef- 
^l^'mea 1 ^ to be aligned' for them, -as well -to maintain thci) Roy- 
aWignity, as to furntfh the Expence ©f their Train artd Officers. 

Civility 



( ioi ) 

Civility, and the welfare of the publick State, feem to require 
it, for it was the Duty of a King to eftablifh Judges, in all places, 
who mould receive no Prefents, nor fell Juflice : and alfo to have 
Power ready to affifr. the execution of their Ordinances, and to 
fecure the ways from dangers, that commerce might be open, 
and free, &c. If there were likelihood of Wars to forrifie and 
put Garrifons into the frontier places, and to hold an Army 
in the Field, and tp keep his Magazines well ftored with A mu- 
nition. It is commonly laid, that Peace cannot be well main- 
tained without provision for Wars, nor Wars managed without 
men, nor men kept in Discipline without Pay, nor Money got- 
ten without Subfidies, and Tributes. 

To discharge therefore the burden of the State in time of Peace, 
was the demean appointed, and in time of Wars the Tributes 
and impofts, yet fo as if any extraordinary neceflity required it, 
Money might be raifed by Subfidies or other fitting means. The 
final intendment, of all, was ever the publick Utility, in fo much 
as he which converts any of. theft publick Revenues to his own 
private purpofes_, much more he which milpends them in any un- 
worthy or loofe occafions, no way merits the name of a King, for 
the Prince ( faith the Apoltle ) is the Miniiter of God for the 
good of the People : and for thatcauft is Tribute paid unto them. Rom. 15. 

This is the true Original caufe of the Cuftoms, and Impofts of °^~ 
the Romans, that thole rich Merchandizes which were brought The fame rea- 
from the Indies, Areha, Altbiofia, might be fecured in their paifage £™o71Si tur 
by Land from Thiefs and Robbers, and in their Tranfpor ration by Im p fts m 
Sea from Pirats, infomuch as for their Security, the Commonwealth main- Enghnd, with 
taitied a Navy at Sea. In this Rank we muft put the Cuftom which which a Navy 
was paid in the Red Sea, and other Impofts of Gates, Bridges, Jf^Sed 
and Paflages, for thefecuring of the great Road ways, ( therefore at Sc8 _ 
called, the Pretorian Confular, and the Kings High- ways, J from the 
ipoil of Thieves and Free-booters. The care alfo of the Repa- 
ration of Bridges was referred toCommiflaries deputed by the 
King, as appears by the Ordinance of Lewis the Courteous, con- 
cerning the twelve Bridges over the River Seyne, commanding alfo 
Boats to be in areadinefs, to ferry ''over Paflengers, &c- 

For the Tax laid upon Salt there was none in ufe in thofe times, 
rhemoftof the Salt-pits being injoyed by private Perfons, be- 
caufc it ftemed that that which Nature out of her own bounty 
preftnted unto "Men, ought no more to be inhaunfed by fale then 

either ' 



( ioi ) 

either the light, the Air, or the Water, as a certain King called 
Lycwgus in the leffer Afia, began to lay fome impofitions upon the 
Salt-pits there, Nature as it were impatiently bearing fuch a rc- 
ftraint of her Liberality, the Springs arc faid to dry up fuddenly. 
Now although certain Marmujets of the Court would perfwade 
iis at this day, ( as Juvenal complained in his time ) 4hat the Sea 
affords nothing of worth, or good, which falls not within the 
compafs of the Kings Prerogative. 

He that firft brought this Taxation into I$me, was the Cenfor 
Livius, who therefore gained the Sirname of Salter, neither was 
it done but in the Commonwealths extream neceffity. And in 
France King Philip the long, for the lame reafon obtained of the 
Eftates the impolition upon Salt for five years only, what Tur- 
moils and Troubles the continuance thereof hath bred every 
Man knows. To be brief, all Tributes were impofed, and con- 
tinued for the Provifion of means and Stipends for the men of 
War, Co as to make a Province Stipendary or Tributary, was e- 
fteemed the lame with Military, 
i ing.9. 15^ Behold wherefore Solomon exacted Tributes, to wit, to for ti fie 
Poftel.li.3 de the Towns, and to ere£r. and furnifli apublick Magazine, which 
rep. Tare. being accomplifhed, the people required of %eJx>boam to be freed 
from that burden. The T«r/j/ call the Tribute of the Provinces, 
the Sacred Blood of the People, and account it a mod wicked Crime 
to imploy it in any thing but the defence of the People. Where- 
fore by the lame reafon all that which the King Conquers in 
War belongs to the People, and not to the King, becaufe the 
People bore the Charges of the War, as that which is gained by a 
>a£k>r accrues to the account of his Matter. Yea and what ad- 
vantage he gains by Marriage, if it belongs fimply and abso- 
lutely to his Wife, that is acquired alfb to the Kingdom, for fo 
much as it is to be prefumed that he gained not that preferment 
in Marriage in quality of Phtlip or Charles, but as he was King. On 
the contrary, in like manner the Queens have intereft of indow- 
ment in the Eftates which their Husbands gained and irijoy- 
ed before they attained the Crown, and have no Title to that 
which is gotten after they are created Kings, becaufe that isjudg- 
ed as the acquift of the Common Purfe, and hath no proper re- 
ference to the Kings private Eftate, which was fo determined in 
France, betwixt Philip of Valoys, and his Wife Jean of "Burgundy. 
But to the end that there be no Money drawn from the People to 

be 



( i°3 ) 

be imployed in private defigns, and for particular ends and pur- 
pofes j the Emperor fwears, not to impofe any Taxes or Tributes 
whatfbever, but by the Authority of the Eftates of the Empire. 
As much do the Kings of Polonia, Hungary, and Denmark, promiie - 
the Enghfh in like manner enjoy the fame unro this day, by the 
Laws of Henry the Third, and Edward the Firft. 

The French Kings in former times, impofcd no Taxes but in the 
AfTembiies, and with the Confent of the three Eftates ; from 
thence fprung the Law of Philip of Vbloys, that the people mould 
not have any Tribute laid on them but in urgent neceffityj and 
with the Confent of the Eftates. Yea and anciently after thefe 
Monies were collected they were locked in Coffers, through every 
Diocefs and recommended to the fpecial care of (elected Men 
(who are the fame which at this day are called E/Ieus ) to 
the end that they fhould pay the Soldiers enrolled, within the 
Towns of their Diocefles : the which was in ufe in other Coun- 
tries, as namely in Flanders and other neighbouring Provinces. 
At this day, though many Corruptions be crept in, yet without 
the Confent and Confirmation of the Parliament, no exactions 
may be collected, notwithstanding there be fbme Provinces which 
aTC not bound to any thing, without: the Approbation of the fi- 
liates of the Countrey, as Languedoke y Brittany Province , Daitl- 
phiny y and fbme others. All the Provinces of the Low Countries 
have the fame Priviledges ; finally left the Exchequer devour 
all, like the Spleen which exhales the Spirits from the other Mem- 
bers of the Body. In all places they have confined the Exchequer 
within its proper bounds- and limits. Seeing then it is moft cer- 
tain that what hath been ordinarily and extraordinarily align- 
ed to Kings, to wir, Tributes, Taxes, and all the demeans which 
comprehend all Cuttoms both for Importations^ and Exportati- 
ons, Forfeitures, Amercements, Royal Efcheats, Confiscations, 
and other Dues of the fame Nature, were conligned into their 
hands for the maintenance and defence of the People, and the 
State of the Kingdom, infomuch as if thefe Sinews be cut, the 
People muft needs fall to decay, and in demolifhing thefe Foun- 
dations the Kingdom will come to utter Ruin. • It neceuarily 
follows, that he which lays impofitions on the People only to 
opprels them, and by the publick detriment feeks private Profit, 
and with their own Swords kills his Subjects, he truly is unwor- 
thy the name of a King : Whereas contrarily,a true King as he is 

a 



, 104. ) 

a careful manager of the publick Aftairs, lo is he a ready Pro- 
tector of the Common welfare, and not a Lord in Propriety of 
the Commonwealth, having as little Authority to alienate or 
diflipate the demeans or publick Revenue, as the Kingdom it (elf. 
And if he misgovern the State, feeing it imports the Common- 
wealth that every one make ufe of his own Talent, it is much 
more recjuilite for the publick Good, that he which halh the ma- 
naging of it, carry himfelf as he ought. 

And therefore if a prodigal Lord by the Authority of Juftice, 
be committed to the Tuition of his Kin (men and Friends, and 
compelled to luffer his Revenues and Means to be ordered, and 
difpofed of by others j by much more realbn may thofe which 
have intereft in the Aflairs of State, and whole Duty obligeth 
them thereto, take all the Adminiftration and Government of the 
State out of the hands of him which either negligently executes 
his place, Ruins the Commonwealth, if after admonition he in- 
deavours not to perform his Duty. And for lb much as it is 
eafily to be proved , that in all lawful Dominions the King can- 
not be held Lord in Propriety of the demean; without (earching 
into thofe elder times, whereof we have an apt Reprefentation in 
_ ^ en * 2 3- the Perfbn of Ephron King of the Hittites, whodurft not (ell the 
Field to Abraham without the Content of the People. This right 

S ey . . 1. fj j ki* s day pra£tifed in publick States : the Emperor of Ger~ 
bulk murea. c J . . r . r , . . r r\ m 

many before his Coronation doth lolemnly iwear that he will nei- 
ther alienate, difmember, nor ingage any of the Rights or Mem- 
bers of the Empire. And if he recover, or Conquer any thing 
with the Arms and means of the publick, it fhall be gained to the 
Empire, and not to himielf. Wherefore when Charles the Fourth 
promifed each of the Eletlors an hundred thoufand Crowns to 
choo(e his Son PVenciflans Emperor, and having not ready Money 
L. i.tfp.i/m to deliver them, he mortgaged Cuftoms, Taxes, . Tributes, and 
ede con. re. ccrra j n Towns unto them, which were the proper Appurtenances 
tnChron ' ■' °^ ^ ^ m P H ' e : whereon followed much and vehement Contefta- 
tion, moil Men holding this ingagementvoid. And queilionleis 
it had been lo declared, but lor the Profit that thofe reaped there- 
by, which ought principally to have maintained and held intire 
the Rights and Dignities or the Empire. And it followed al(o, 
that IVcKujliM wasjullly held uncapable of the Government of the 
Empire, chiefly becaiife he (uffered the Rights ol the Empire over 
' the Dutchy of Milan to be wreited frcni him. 

There 



There is a Law very ancient in the Kingdom of Polonia, which pro- 
hibits the alienatineoi any of the Kingdoms Lands : the which a!fo 9* | nte ! lect0 
ji w '■ • l r r, • ^e jureiaran- 

was renewed by King Leavj in the year i 3 7 5. In Hungary m <*wro mi. do i n r) eC reta!. 

there was a complaint made to Pope Honorius, that King Andrew had p Hd. Virgil, 
ingaged trie Crown Lands contrary to his Oath. In England was the in cod. Hif. 
fame by the Law of King Edw.'m the year 1298. Likewife in Spain part^-.M- 
by the Ordinance made under Alphonfus, and renewed in the year con j * 9 * 
1 5*60. in the Aflembly of the Eftates at Toledo. Theft Laws were then 
ratified, although long time before Cuftom had obtained the vigor 
and effect of Law. Now for the Kingdom o£ France whereto I longer 
confine my felf, becaufeflie may in a fort pais" as a pattern to the reft, 
this right hath ever remained there inviolable. It is one of the molt 
ancient Laws of the Kingdom, and a right born with the Kingdom it 
felf, that the Demain may not be alienated : the which Law in anno 
1 566. (although but ill defervedj was renewed. There is only two cafes P a P on Are- 
excepred, the Portions or Appenages of the children and Brothers of "'i' tlU 
the King, yet with this Refervation, that the right of VafTalage re- 
mains always to the Crown .• in like manner if the condition of War re- 
quire neceflarily an alienation, yet it muft be ever with power of 
Redemption. Anciently neither the one nor the other were of Validity, 
but by the commandment of the States .- at this day fince the Parliament 
hath been made Sedentary, the Parliament of Paris which is the Court 
of the Peers, and the Chamber of Accounts, and of the Treafury, 
muft firft approve it : as the Edicts of Charles the fixth and ninth do 
teftifie. This is a thing fb certain, that if the ancient Kings themfelves 
would endow a Church (although that was a work much favoured 
in thefe days) they were notwithftanding bound to have an allowance 
of the Eftates t witnefs King Childebert, who might not endow the 
Abbey of St. Vincent at Paris before he had the French and Net&Ftrafians Airnoniusl, 4. 
content. Clovis the 2d. and other Kings have obferved the fame. They cha. 41.&C 
might neither remit the regalities by granting infranchifements, nor 
the nomination of Prelates to any Church. And if any of them have 
done it, as Lewis 11. Philip 4. and Philip furnamed Augujhii, did in fa- 
vour of the Churches of Senis Auxera, andtfcwrj," the Parliament hath gSf^'^nW" 
declared it void. When the King is anointed at Reims, he fuears to cb- D.de lata m " 
ierve this Law : and if he infringe it, that Act hath as much validity An. 132^. * 
with it an if he Contracted to fell the'Empires of the Great T/^, or ^o. 1374. 
Sophia of Perfia. From thisfpring the Conftitutions or Ordinances of I401, 1 533« 
Philip Cot John ad. of Charles 5th. 61 h. and 8 th. by which they revoke 
all alienations made by. their Predeceflbrs. 

P In 



Anno 1483. 
1522. 15 3 1. 

1549. 1560. 
by divers De- 
crees of the 
Court of Par- 
liament. 



Paulus jEmili 
us, lib. 3. 

Anno 1195. 
i 200. 12^9. 
^1297. 1303. 
"1325. 1330. 
Anno 1360. 



Anno 1465. 



Anno 1525, 

Anno 1420. 
Mouftrelet. 
chap.2.25. 






( 106 ) 

In the Affembly cF theEttetes at Tours, where King Charles the 8 th- 
was in peribn, clivers alienations made by Lewes 1 1. were repealed, and 
annihilated, and there was taken away from the Heirs of Tancred of 
Chafiel his great Minnion, clivers places which he had given him by 
his proper Authority. This was finally ratified in thelaft Affembly of 
the Eftatesheld at Orleans. Thus much concerning the Kingdoms De- 
mean. But to the end that we may yet more clearly perceive that the 
Kingdom is preferred before the King, and that he cannot by his own 
proper Authority diminifh the Majefty he hath received from the peo- 
ple, nor infranchife or releafe from his Dominion any one of his Sub- 
jects j nor quit or reiinquifh the Soveraignty. of the leaff. part of his 
Kingdom. Charkmam in former times endeavoured to fubjecf. the King- 
dom of France to the German Empire : the which the French did coura- 
■ gioully oppofe by the mouth of a Prince of Giafconnie \ and if Charle- 
mayn had proceeded in that bufine/s, it had come to the trial of the 
Sword. In like manner when any portion of the Kingdom was grant- 
ed to the EngUfl^ the Soveraignty was almoft always reserved. And if 
fbmetimes they obtain'd it by force, as at the Treaty of Bretigny, by 
tke which King John quitted the Soveraignty oiGUJconme and Peyton .- 
that agreement was not kept,neither was he more bound to do it, then 
a Tutor or Guardian is being Prifbner ('as he was then,) which for his 
own deliverance fhouldingage the effate of his Pupils, riv che power 
of the fame Lav^the Parliament of Parts made void the T re.it/ oi Qn- 
flius, by the which Duke Charts of Burgundy had draw si from the 
King Amiens, and other Towns of Picardy. In our days ttajtf fame Par- 
liament declared void the Agreement made at Madrid, between Francis 
the 1 . then Prifbner, and Char/es the 5-. concerning the Dutch y of Bur- 
gundy. But the donation made by Charles the 6; UTiio Hen. K'.ig of 
England or the K'ngdom of France ^\; Cr his diceafe is a Sufficient teftimo- 
ny for this matter, and of his madnefs, if there had been no other proof; 
But to leave off producing any further Teilimonies, Examples, or 
Reafons, by what righwean the King give or fell away the Kingdom, 
or any pn^ of it; feeing it confiiteth of people, and not ot Earth or 
V alls; and of Freemen there can be made no fale, nor rraffick .- yea, 
~ad the Patrons thernfelves cannot compel the Inframhifed lervants to 
rnfcfctf their 1 Habitations, in other places than them k .The 

which ,is the ralher to bei allowed, in that Subjects as neither Slaves, 
nor infranchiftd Servants, but Brothers: and not only .the Kings Bre- 
thren taken one by one, but alio coniidered in one body, they ought 
to be eifeemed abioiute Lords, and owners of the Kingdom. 

Uleth$r 



( 170 ) 

Whether the Ki n g be the < VfufruiSiuor of the Kingdom. 

But if the King be not Lord in propriety, yet at the lead we may 
efteem him Ufufruicluor of the Kingdom, and of the Demean ; nay, 
truly we can allow him to have the Ufufruit for being Ufufri&or, 
though the Propriety remain in the People, yet may he abiblutely dif- 
pofe of the Profits, and ingage them at his pleafure. Now we have al- 
ready proved, that Kings of their own Authority cannot ingage the 
Revenues of the Exchequer, or the Demean of the Kingdom.The Ufu- 
fruicluor may difpofe of the Profits to whom, how, and when he plea£ 
eth. Contrarily, the exceflive Gilts of Princes are ever judged void, his 
unneceflary Expences are not allow'djhis Superfluous to be cut off, and 
that which is expended by him in any other oceafion, but for the 
publick Utility, is juftly efteemed to be unjuftly extorted. And is no 
lefs liable to the Law Cincea, than the meaneft fyman Citizen formerly 
was. In France, the Kings Gifts are never of force, until the Chamber 
of Accounts have confirmed them. From hence proceed thePoftils of 
the ordinary Chamber, in giving up of the Accounts in the Reigns 
of prodigal Kings, Trop donne : fqyt 'repele, which is, exceflive Gifts muft 
be recalled. The judges of this Chamber Solemnly fwear to pals no- 
thing which may prejudice the Kingdom, or the publick State, notwith- 
ftanding any Letters the King fhall write unto them $ but they are not 
alwavs fo mindful of this Oath as were to be defire. 

Furthermore, the Law takes no care how a Ufufrui&uor poflefTeth, 
and governs his Revenues, but contrariwife,(he prefcribes unto the King, 
how and to what ufe he (hall imploy his. For the ancient Kings of 
France, were bound to divide their Royal Revenues into four parts. 
The firft was implyed in the maintaining of the Minifters of the Church, 
and providing for the Poor : The fecond for the Kings Table : The 
third for the Wages of his Officers and Houfhold Servants : Thelaft 
in repairing of Bridges, Cafties, and the Royal Palaces. And what Monftrelh 
was .remaining, was laid up in the Treasury , to be bellowed on the Car% 6 - 
Neceflities of the Common wealth. And Hiftories do at large relate 
the Troubles and Tumults which hapned about the Year 141a. in the 
Aflembly of the Eftates at Paris, because Charles the Sixth had wafted 
all the Money that was raifed of the Revenues and Demean, in his 
own and his Minions loofe Pieafures, and that the Expences of the 
KingsHou{hold,which before exceeded not the Sum of 94ooo.Francks, 
did amount, in that miferable Eftate of the Common-wealth, to five 
hundred and forty thoufand Francks. Now as the Demean was 
imployed in the before mentioned Affairs, fo the Aids were on- 

Pi iy 



( io8 ) 

\y for the War, and the Taxes affigned for the Payment of the men at 
Arms,and for no other occafion. In other Kingdoms the King hath no 
greater Authority, and in divers lefs, efpecially in the Empire of Ger- 
many, and in Poland. But we have made choife of the Kingdom of 
Trance, to the end it be not thought this hath any fpecial Prerogative 
above others, becaufe there perhaps the Common-wealth receiveth 
the moil: Detriment. Briefly, as I have before {aid, the Name of a 
King figriifies not an Inheritance, nor a Propriety, nor a UfafruicT:,but 
Exconcil. ru- a Change, Office, and Procuration. Asa Bifhop is chofen to look to 
tint, h c. i. the Welfare of the Soul, io is the King eftablifhed to take care of the 
de hisquxf.unt Body^fo f ar forth as it concerns the publick Good ; the one is Difpenfer 
cortfelfu'capv. °^ the Heavenly Treafurc, the other of the Secular, and what Right 
* the one hath in the Epifcopal Revenues, the fame hath the other, and 
no- greater in the Kingdoms Demean. If the Bifhop alien the Goods of 
the Bifhoprick,without the Content of the Chapter, this Alienation is of 
no value j if the King alien the Demean without the Approbation of 
the Eftates, that is alfo void ; one Portion of the Ecclefialtical Goods 
ought to be imploycd in the Reparation of the Churches ; the feeond 
in. Relieving of the Poor ; the third, for the Maintenance of the 
Church-men, and the fourth for the Bifhop himfelf .- We have Ceen 
before, that the King ought to divide into four parts the Revenues of 
the Kingdoms Demean. The Abufe of thefe times cannot infringe, or 
annihilate the Right, for although fome part of the Bifhops fteal 
from the Poor that vvhich they profufely cafr. away on their Pandars-, 
and ruine and deflroy their Lands and Woods,the calling of the Bifhops 
is not for all that altered. Although that fome Emperors have affumed 
to themlelves an abfolute Power, that cannot invert them with any 
further Right, becaufe no man can be Judge in his own Caufe. What 
if fbme Carazalla Vaunt, he will not want Money whilfl: the Sword 
remains in his Cuftody : The Emperor Adrian will promife on the con- 
trary, ib to difcharge his Office of Principality, that he will always re- 
member that the Common- wealth is not his, but the Peoples ; which 
one thing almoft difHnguifheth a King from a Tyrant. Neither can 
that Act of Attains King of Pergamus defigning the Roman People for 
Heirs to his Kingdom,nor that of Alexander for AZppt, nor Ptolomy for 
the Cvreniaw, bequeathing their Kingdoms to the fame People, nor 
Prafutagus King of the Icenians, which left his to Cafar, draw any good 
Confcquence of Right to thofe which ufurp that which by no jufi Ti- 
tle belongs to them, nay, by how much the intrufion is more vio- 
lent, by io much the Equity .and Jufticeof the Caufe is more perfpicu- 

ousr 



ous: for what the fymas aflumed under the colour of Right, they" 
would have made no difficulty if tint pretext had been wanting 
to have taken by force : we have (een almoft: in our days how the 
Venetians poifeft themfelves of the Kingdom of Qprus, under pre- 
tence of an imaginary Adoption, which would have proved ridicu- 
lous, if it had not been feconded by Power and Arms. To which 
alfb may be not unfitly relembled the prerended Donation of 
Conftantine to Pope Silvefter, for that Straw of the decretift Grati- 
an, was long fince conlumed and turned to Afnes, neither is of 
more Validity, the Grant which Lewis the Courteous made to Pope 
Pafihal of the City of fyme, and part of lM/y,becaufe he gave that 
which he poflefled not, no man oppofed it. But when his Father Pohier.l 
C bar lemain would have united and fubje&ed theKingom of France Geor i' 3" 
to die German Empire, the French did lawfully oppose it : and if he 
had perfifted in his purpofe, they were refolved to have hindred 
him, and defended themfelves by Arms. There can be too "as little 
advantage alledged,that Aft of Solomons, whom we read to have de- l K,li S- 9< 1 i« 
livered twenty Towns to Hiram King of Ttre : for he did not give 
them to him but for the fecuring of the Talents of Gold which if;- 2 ^ hron * & 2. 
ram had lent him, and they were redeemed at the end of the term, 
as it appears by the Text. Further, the Soul was barren, andhu£ 
banded by the remaining Canaanites : But Solomon having redeem- 
ed it out of the hands of Hiram, delivered it to the Israelites to be 
inhabited and tilled. Neither ferves it to much more purpofe, to 
alledge that in fbme Kingdoms there is no exprefs Agreement be- 
tween the King and the People ; for fuppofe there be no mention 
made,yet the Law of Nature teacheth us,that Kings were not ordain- 
ed to ruine, but to govern the Common-wealths, and that they 
may not by their proper Authority alter or change the Rights of the 
publick State,and although they be Lords, yet can they challenge it 
in no other Quality, than as Guardians do in the Tuition of their 
Pupils j neither can we account him a lawful Lord, which de- 
prives the Common-wealth of her Liberty, and fels her as a Slave. 
Briefly, neither can we alfb alledge, that fbme Kingdoms are the 
proper Acquifts of the King himfelf, infbmuch as they were not 
conquered by their proper Means and Swords, but by the Hands, 
and with the Wealth of the Publick ; and there is nothing more a- 
greeable to reafbn, than that which was gained with the joynt fa- 
culties,and common danger of the Publick,(hould not be alien' d or 

difpos'd 



( no ) 

difpos'dof, without the content of the States which reprefent rher 
Common-wealth : and the neceflity of this Law is fuch,that it is o 
force amongffc robbers and free-booters themfelves. He which fol- 
lows a contrary courfe,mufr. needs ruine humane fbciety. And al- 
though the French conquered by force of Arms, the Countreys of 

1.2.&pjfitn. Germany and Gaule, yet this before mentioned right remains ftill 

C. de interd. intire. 

Com. rer. die- To conclude, we muft needs refolve, that Kings are neither 

n*u Proprietors, n&t Ufu-fru£ruaries of the Royal Patrimony : But 

only AdminiftratOrs : And being fb, they can by no juft right at- 
tribute to themfelves the propriety, ufe, or profit of private mens 
Eftates, nor with as little reafbn the publick Revenues, which are 
in truth only the Common- wealths. 

But before we pais any further, we muft here refolve adoubr. 
The people of Ijrael having demanded a King, the Lord faicl to 
S m 2 7 &c ^ amuc ^' hearken unto the voice of the people : notwirhftanding, 
give them to underftand what fhall be the manner of the King 
which fhall reign over them : he will take your fields, your vmeyards,your 
elive- trees, to furnijh his own eccajions, and to enrich Itisfervants : briefly, 
he will make the people /laves. One would hardly believe in what 
eftimation the Courtiers of our times hold this Text, when of all 
the reft of the holy Scripture they make but a jeft. In this place the 
Almighty and all good God, would manifefl to the Israelites their 
levity, when that they had God himfelf even prefent with them, 
who upon all occafions appointed them holy Judges, and worthy 
Commanders for the Wars, would notwithstanding rather fubjecl: 
themfelves to the difbrdered Commandments of a vain mutable 
man, than to the fecure protection of the Omnipotent and Im- 
mutable God. He declares then unto them in what a flippery 
eftate the King was placed, and how eafily unruly authority fell 
into difbrdered violence, and Kingly power was turned into ty- 
rannous wilfulnefs. Seeing the King that he gave them, would by 
prepofterous violence draw the fword of authority againft them, 
and fubjecl: the equity of the Laws to his own unjuir. defires : and 
this mifchief which they wilfully drew on themfelves, they would 
happily repent of ,w hen it would not be ib eafily remedied. Briefly, 
this Text doth not defcribe the right of Kings, but what right dicy 
are accultomed to attribute to themfelves : not what by the privi- 
ledge of their places they may juftly do : but what power for the 

fatisfying 



(ill ) 

latisfyingof their pwn lufts, they unjuftly ufurp. This will mani- 
feftly appear from the 17. Chapter of Deuteronomy, where God 
appoints a law for Kings. Here fays Samuel the Kjng will ufe is 
Subject's like flaves ? there God forbids the King to lift ha heart a- 
bove his brethren , to wit, over his Subjetls, whom he ought not to infill t 
over, but to cherifh as his kinfmen. He will tmkg Chariots, levy Horfi- 
meri,and take the goods of private men, fays Samuel : on the contrary Deut. 17. * 
in Deuteronomy, he is exhorted not to multiply horje.-men, nor to heap 
up gold and fdver, nor caufe the people to return into iEgypt, to wit, 
into bondage. In Samuel we fee pictured to the life wicked Ah ah, 1 Kings 21. * 
which by pernicious means gets Nabotbs Vineyard: there David,wlno 
held it noulawful to drink that water which was purchafed with anL *3- 
the danger of his Subjects lives. Samuel foretels that the King de- 
manded by the Israelites, inftead of keeping the laws, would go- 
vern all according to his own fanfie: On the contrary, God com- 
mands that his Law mould by the Priefts be delivered into the 
hands of the King, to copie it out, and to have it continually be- 
fore his eyes. Thererore Samuel being High Prieft,gave to Saul the 
Royal La'v contained in r .he 1 7 th. of Deuteronomy, written into a 
Book, which certainly had been a frivolous a^f if the King were 
perniitred to break it at his pleafure. Briefly j it is as much as if 
Samuel had (aid. You have diked a Kjxg after the manner of other Na- 
tions, the moft of Whom have Tyrants for their Governors ; You defire 
a King to attribute juftice equally amongft you:but many of them 
think all things lawful which their own Appetites fuggefts unto 
them ; in the mean feafon you willingly (hake «ff the Lord, 
whofe only will is equity and juftice in the abftract. 

In Heredotus there is a Hiftory which plainly exprefles, bow apt Herod.h 2. 
the I{oyal Government is to degenerate into Tyranny, whereof Samuel fb 
exactly forewarns the people. Deioct s much renowned for his ju- 
ftice,was fir ft chofen Judge amongft the Medes: presently after, to 
the end he might the better reprefs thofe which would oppofe ju- 
ftice,he was chofen King, and invefted with convenient authority, 
then he dented a guard, after a Citadel to be built in Ecbatana 
the principal City of the Kingdom, with colour to fccure him 
from Confpiracies. and Machinations of Rebels ; which being ef- 
fected, he prefently appiys himfelf to revenge the leafl difplea- 
lures which were offered him with the greateft punifhments. 

Finally, ho Alan might prefume to look this King in the face, 

and 



( III ) 

and to Laugh or Cough in his Prefence,was punifhed with grievous 
Torments. So dangerous a thing it is, to put into the hands of a 
weak Mind (as all mens are by nature) unlimited Power. Samuel 
therefore teacheth not in that place, that the Authority of a King is 
abfolute, ; on the contrary, he difcreetly admonifheth the People 
not to enthraul their Liberty under the unneceflary Yoak of a weak 
and unruly Matter ; he doth not abfblutely exclude the Royal Au- 
? thority,but would have it reftrain'd within its own limits ; he doth 

not amplifie the Kings Right with an unbridled and licentious Li- 
berty j but rather tacitely perfwades to put a Bit into his Mouth. , 
-It feems that this advice of Samuels was very beneficial to the Ifrae-. 
lites, for that they circumfpe&ly moderated the Power of their 
Kings, the which, moil Nations grown wife, either By the expe- 
rience of their own, or their Neighbours Harms, have carefully 
looked unto, as will plainly appear by that which follows. 
An Alliance We have {hewed already, that in the eftablifhing of the King, 

or Covenant there were two Alliances or Covenants contracted ; the firft be- 
between the tween God, the King, and the People, of which we have former- 
People 1 C ty t reaC ed ; the fecond, between the King and the People, of which 
Deut. 17. we muft now (ay fbmewhat. After that Saul was eflablifhed King, 

1 Sam. 10. 27. the Royal Law was given him, according to which he ought to 

2 Sam. 5. 3. Govern. David made a Covenant in Hebron before the Lord, that is 

to fay, taking God for witnefs, with a" the Ancients of Ifrael, which re- 
1 Chron. 1 1 . 3 . prefented the whole body of the People, and even then he was made King Jo~ 
m alfb by the mouth of Johojada the High Priefl,entred into Cove- 
2 Kins 11 17 nant wit ^ ^ oe w ^ e People of the Land in theHoufe of the Lord: And 
and 12." when the Crown was let on his Head, together with it was the Law 
2Chron.23.3. of the Teflimony put into his Hand, which moll expounds to be 
the Law of God ; likewife Jofias promifeth to obferve and keep the 
1 Kings 23.3. Commandment s, Teflimonies and Statutes comprised in the Boof(_of the 
Covenant : under which words, are contained all which belongs to 
the Duties both of the fii-fl and fecond Table of the Law of God. 
In all the before remembred places of the holy Story, it is ever 
laid, that a Covenant was made with all the People, with all the Multi- 
tude, with all the Elders, with all the Men ofjuda : to the end that we 
might know,as it is alio fully cxprefled, that not only the Principals 
of the Tribes, but alfo all the Milleniers, Centurions, and fubal- 
tern Magiflratcs mould meet together, each of them in the Name, 
And for their Towns and Commtlnakies, to Covenant and 

Contract 



r 113 ) 

Contrail: with the King. In this Aflembly was the creating of 
the Ring determined of, for it was the People that made the 
King, and noc the King the People. «^ ; 

It is certain then, that the People by way of ftipulation, re- 
quire a performance of Covenants, the King promiles it. Now 
the condition of a Stipulator is in terms of Law more worthy 
than of a Promifer.The People asketh the King,whether he will 
govern juftly and according to the Laws ? He promifeth he will. — — 
Then the People anfwereth, and not before, that whilft he go- 
Terns uprightly, they Will obey faithfully. The King therefore 
promifeth limply and abfblutely, the People upon condition : 
the which failing to be accomplifhed, the People reft accord- 
ing io Equity and Reafbn, quit from their Promise. 

In the firft Covenant or Contract, there is only an Obligation 
to piety ; in the (econd, to Juftice.In that the King promifeth to 
ferve God religioufly : in this, to rulellie People juftly. By the 
one he is obliged with the utmoft of his Endeavors to procure 
the Glory of God : by the other, the profit of the People. In the 
firft, there is a Condition exprefled,If thou keep my Command- 
ments ; in the (econd, If thou diftribute Juftke equally to every 
man.God is the proper revenger of deficiency in the former,and 
the whole People the lawful punifher of delinquency in the lat- 
tery the Eftates, the reprefentative Body thereof, who have a£ 
fumed to themfelves the protection of the People- This hath 
been always pra&ifed in all well- governed Eftates .Amongft 
the Perfians, after the due performance of Holy Rites, they 
contracted with Cyrus in manner following. 

ThoU) O Cyrus .' in the firft place, fb<tltpr«mife' } That if any make Zenophon UK * 
War agamfl the Perfians,or feel^to infringe thtLiberty of the Laws, thou 8« P**. 
wilt with the utmoft of thy popper defend and proteU this CouUtry. 
Which having promifed, they prefently add, And we Per/Ions 
promife to be aiding to keep all men in obedience, whilft thou defendeft 
the Country. %enophon calls this agreement, A Confederation, as alfb 
ijocrates calls that which he writ of the Duties of Subjects to- 
wards their Princes, A Difcourfe of ConfederationS\\t alliance or Zenrph. i* 
confederation was renewed every month between the Kings, ****** de n ^ 
and Ephores of Sparta, although thofe Kings were defcended 
from the line of Hercules. And as thefe Kings did folemnly (wear 

Q. to 



( n4 ) 

to govern according to the Laws, fo did the Ephores alfo to 
maintain them in their Authority, whilft they performed their 
promife. Likewife in the Roman Kingdom, there was an Agree- 
ment between Romulus the Senate, and the People, in this man- 
ner : That the People Jloould ma\\e Laws, and the King lool^ they were 
J. kept : Tha People jloould decree War, and the King fhould manage it. 
Now although many Emperors, rather by Force and Ambition, 
than by any lawful right, were feas'd of the Roman Empire, and 
by that which they call a Roy al Law, attributed to themfelves 
an abfblute Authority, notwithstanding by the Fragments which 
remain both in Books, and in Roman In{criptions,of that Law, it 
plainly appears, that power and authority was granted them to 
to preferve and govern the Common-wealth, not to ruine and 
opprefs it by Tyranny. Nay, all good Emperors have ever 
profefled, that they held themselves tied to the Laws, and re- 
ceived the Empire from the Senate, to whofe Determination 
they always referred the moft important Affairs, and efteemed 
if a great Error, without their Advice to refolve on the Oc- 
cafions of the publick State. 

If we take into our Confideration the Condition of the Em- 
pires, Kingdoms and States of times, there is not any of them 
worthy of thofe names,where there is not feme fuch Covenant or 
Confederacy between the People and the Prince. It is not long 
(ince,that in the Empire of Germany, the King of the Romans be- 
ing ready to be crowned Emperor, was bound to do Homage, 
and make oath of Fealty to the Empire,no more nor lefs than as 
the VafTal is bound to do to his Lord when he is inverted with 
his Fee. Although the form of the Words which he is to fwear, 
have been fbmewhat altered by the Popes, yet notwithftanding 
the fubftance ltill remains the Time. According to which we 
Specul.Saxon. know that Charles the Fifth, of the Houfeof Auftria, was under 
Ub.^Frtu. 54 certain Conditions chofen Emperor, as in the fame manner his 
Succeflbrs were, the Sum of which was, that he fhould keep the 
Laws already made,and make no new ones without the confent 
of the Electors, that he fhould govern the publick Affairs by the 
Advice of the general Eflates,nor ingageany thing that belongs 
to the Empire, and other matters which are particularly recited 
by the Hiilorians. When the Emperor is crowned at Aamf- 

grave, 



C ii> ) 

grave, the Arch-bifhop of Cnllcn requires of him in the firft place, Skyd. lib. 2. 
If he will maintain the Church, if he will diftribute Juftice,if he ® 2 ' 
will defend the Empire, and protecl; Widows, Orphans and all 
other worthy of Compaflion .-The which,after he hath fblemnly 
fworn before the Altar,the Princes alfb which reprefent the Em- 
pire, are asked if they will not promife the fame; neither is the 
Emperor anointed, nor receives the other Ornaments of the 
Empire, before he have firft taken that folemn Oath. Whereupon 
it follows, that the Emperor is tied absolutely, and the Princes 
of the Empire, under condition. That the fame is obferved in 
the Kingdom of Polonia, no man will make qtaeftion,who had 
but ieen or heard of the Ceremonies and Rites wherewith 
Henry of Anjou was lately chofen and crowned King of that 
Country, and efpecially then when the Condition of maintain- 
ing of the two Religions, the Reformed and the lipman, was 
demanded, the which the Lords of the Kingdom in exprefs 
Terms required of him three feveral times, and he as often 
made promife to perform. The fame is obferved in the King- 
doms of Bohemia, Hungary, and others ; the which we omit 
to relate particularly, to avoid Prolixity. 

Now this manner of Stipulation is not only received in thofe 
Kingdoms where the right of Election is yet entirely obferved , 
but even in thofe alfb which are efteemed to be fimply heredita- 
ry. When the King of France is crowned, the Bifhops of Lam 
and Beauvots, Ecclefiaftical Peers, ask all the People there pre- 
fent,whether they defire and command,that he which is there be- 
fore them, (hall be their King? Whereupon he is faid even then 
in the Stile of the Inauguration, to be chofen by the People : and 
when they have given the fign of contenting, then the King 
fwears that he will maintain all the Rights, Priviledges, and 
Laws of France universally, that he will not aliene the Demean, 
and the other Articles,which have been yet fo changed and acco- 
modated to bad intentions,as they differ greatly fr jm that Copy 
which remains in the Library of the Chapter of Beauvois, accord- 
ing to which it is recorded, that King Philip, the firft of that 
Name, took his Oath at his Coronation ; yet notwithstanding, 
they are not unfitly expreffcd .- Neither is he girded with the 
Sword, nor anointed, nor crowned by the Peers f who at that 

Q_ x time 



C tit ) 

time wear Coronets on their Heads) nor receives the Scepter 
and Rod of Juftice, nor is proclaimed King, before firft the 
People have commanded it .- neirher do the Peers take their 
Oaths of Allegiance before he have iirft (olemnly fworn to 
keep the Laws carefully. 

And thofe be, that he fhall not waft rhe publick Revenue, 
that he fhall not of his own proper Authoriry,impofe any Taxes, 
Cuftoms, or Tributes : That he lhall nor. make Peace or War, 
nor determine of State Affairs without the advice of the Coun- 
cil of State. Briefly, that he fh ould leave to the Parliament, to 
the States, and to the Officers of the K'n^dom, their Authority 
intire, and all thirags clfe which have been ufually oblerved in 
the Kingdom of France. And when he rirft enters any Ciuy or 
Province, he is bound to confirm their Priviledges, and fweara 
to maintain their Laws and Cuftoms. This is ftraightly oblerved 
in the Cities of Tboloufe and RocM, and in the Countrevs of 
Daulfiny, Province and Britain : The which Towns and Provin- 
ces have their particular and exprefs Covenants and Agree- 
ments with the Kings, which mull needs be void, it the con- 
dition exprcfled in the Contract be not of force, nor the 
Kings tied to the performance. 
In Ann*}, Sur. There is the Form of the Oath, of the ancient Kings of 
gmi. Burgundy, yet extant in thefe Words : I will froteft all men in 

their Rights, according to Law and Juftice. 

In England, Scotland, Sttedcn and Dentnarl^, there is almoft the 

fame Cuftom as in France ; but in no place there is uled a 

more difcreet care in their manner of proceeding, than in Spain. 

For in the Kingdom of Arragon, after the Enilhing of many 

Ceremonies, which are ufed between him, which reprelcnts 

the Juftitia major of Arragon, which comprehends the Majelfy 

Nes qui vale* of the Common- wealth, feated in a higher Seat, and the 

mos tamo co~ King, which is to be crowned, who fwears Fealty, and does 

mo vos, y pt- ^ Homage ; and having read the Laws and Conditions, to 

vis vos eleii- tne Accomplishment whereof he is fworn. 

mo* kio con e. Finally, the Lords of the Kingdom ufe to the King thefe 

fits cyefl as Words in the vulgar Language,as is before exprefled, /><«£. 60. 

cmdixiones, en- ^ w / :!: i :) are as muc j 3 Wort ij as y 0U4) an 4 l mve more p omC r than you, 

uncus mondl* clj "f e J ou *^ n & u ^ m fbe f e m * tl)e f e Con< ^ tion h An ^ f ^ erc ** mc *■" 
was (tits vos, tween 



(■'7 ) 
ttrecn you and us, which commands over ytu. 13ut leafr. the King 
fhould think he (wore only for falhion (ike, and to obferve 
an old Cuitom, every third year in full aflembly of the Eftates, 
the very fame words, and in the lame manner arc repeated 
unto him. 

And if under pretext of his Royal Dignity he become inlblenr, 
violating the Laws, and neglect, his publick Faith and promife 
given, then by the priviledge of the Kingdom, he is judged, 
excommunicated, as execrable as Julian the Apoftate was by 
the Primitive Church : which excommunication is efteemed of 
that validity, that inftead of praying for the King in their pub- 
lick Orations, they pfay againfr. him, and the fubjecb are by 
the fame right acquit from their Oath of Allegiance : as the 
Vaffal is exempted from obedience and obligation by oath to 
his Lord which (lands excommunicated ; the which hath been 
determined and confirmed both by Act of Counftl and Decree In Concil. 14. 
of State in the Kingdom of Arragon. kt.$.c. 74. # 

In like manner.iu the Kimdom-oi Cajlile in full affembly of the * ±°. /,-*•- 
LltateSjthe King being ready to be Crowned,^ hrlt m the prelence fc$, 1, 
of all advert ifed of his duty : and even then are read the Articles 
difcreetly composed for the good of the Common- wealth, the 
King (wears he will observe and keep them carefully and faith- 
fully ; which being done, then the Conflable takes his Oath, of Al- 
legiance, after the Princes and Deputies for the Towns (wear 
each of them in their order \ and die lame is obferved in the King- 
doms" of Portugal, Leon, and the relf. of Spain. The lefler Prin- 
cipalities have their Inftitution grounded on the lame right. 
The Centralis which the Brabancenzvid. the reft of the Netherland- Ll f oy!U r € 
*r.j,together with thole of Aujlna,Carinthia, and others, had with ea tree» 
their Princes, were always conditional. But efpecially the Bra- 
bancers, to take away all occafion of difpute, have this exprefs 
condition: which is {hat in the receiving- of their Duke ihere is 
read in his prefence the ancient Articles, wherein is comprized 
that which is requilite for the publick good jand thereunto is al(o 
added, that ir he do not exactly and precifely oblerve them, they 
may choofe what other Lord it fhall (eem good unto them ; the 
which they do in exprefs wordi proteft unto him. He having 
allowed and accepted of tbe(e Ar tides, do:h. in that publick. AJftm- 
hly promife and (olemnly (wear to keep them. The which way 

ob~ 



( ii8 ) 

Zudovtcus, obferved in the Reception of Philip the (ccond. King of Spain. 
GuiccixrL in g r ; e fly s there is not any man can deny, but that there is a 
sit"* 1 *' £ ' Contract mutually obligatory between the King and the Sub- 
jects, which requires the People to Obey faithfully, and the 
„_ King to Govern lawfully, for the performance whereof the 
King (wears firft, and' after the People. 

I would ask here, wherefore a man doth (wear, if it be not to 
declare,that what he delivers,he fmcerely intends from his Heart ? 
Can any thing be judged more near to the Law of nature,than to 
©bfervethat which we approve ? Furthermore, what is the reafon 
L. i. D. Ac, the King (wears firft,and at the Inftance,and required by the Peo- 
patt. U nen ^-/^but to accept a condition either tacite or expreffed? Wherefore 
D de tranfaft. 1S tnere a condition oppofed to the Contra£l:,if it be not that in 
failing to perform the condition,the C9ntract,according to Law, 
remains void? And if for want of (atisfying the Condition by 
right,the contract: is of no force : who (hall dare to call that Peo- 
ple perjured, which refuleth to obey a King which makes no ac- 
count of his Promife ft/hick he might and ought to have kept,and 
wilfully breaks thofe Laws which he did (wear to obierve ? On 
the contrary, may we not rather efteem fuch a King perfidious, 
Lib. 2. fudor. perjured,and unworthy of his Place? For if the Law free the Va£ 
tit.26.SeB.24. (al from his Lord,who dealt fellonioufly with him, although that 
££ tit. 47. to (peak properly,the Lord fweareth not Fealty to his Vaflal,but 
Dionyf Malic fe t0 n j ni : jf tnQ L aw f t h e twelve Tables doth deteft & hold in 
execration the Protector that defraudeth him that is under his 
tuition : if the civil Law permit an infranchi(ed Servant to bring 
his Action againft his Patron,for any grievous u(age:if in (uch ca- 
fes the (ameLaw delivers theSlave from the power of his Mafter, 
although the Obligation be natural only, and not civil .• is it not 
much more rea(6nable that the People be looted from that Oath of 
Allegiance which they have taken, if the KJng (who may be not 
unfitly re(embled by an Atturny, (worn to look to his Clients 
Caufe) firft break his Oath (blemnly taked ? And what if all thefe 
Ceremonies, (blemn Oaths, nay, (acramental Promifes had never 
been taken ? Doth not Nature her (elf (urhciently teach,that^«*gj 
were on this condition ordained by the People, that they fhould 
govern well • Judgcs,that they (hould diftribute Juftice uprightly j 
Captains in the War, that they fhould lead their Armies againft 
■— . theirEnemies?lf on the contrary, they themfelves forrage and (poil 

their 



( H9 ) 
their Subjects, and inftead of Governors become Enemies,as they 
leave Indeed the true and erTential qualities of a King, fb neither 
ought the people to acknowledge them for lawful Princes. But CicJr.'i.Of 
what if a people (you will reply) fubdued by force, be c< i 
by the King to take an Oath of Servitude ? And what ii a rob! 
pirate, or tyrant, (I will anfwcrj with whom no bond of human 
Society can be effectual, holding his Dagger to your Throat, con • 
ilrain you prefently to become bound in a great lum of money ? 
Is it not an unquejlienable Maxim in L<«% that a Promile exact- 
ed by viole nee cannot bind ? efpecially if any thing be promifed 
againft common reafon, or the Law of nature ? Is there any thing 
more repugnant to nature and reafbn,than that a people mould 
mamcle and fetter themfelves ; and to be obliged by promife to the 
Prince, with their own hands and weapons to be their own cxecu~ 
t toner sYTherc is therefore a mutual obligation between the King 
and the people, which whether it be civil or natural only, whether 
tacit, or expreffed in words, it cannot by any means be annihila- 
ted, or by any Law be abrogated, much left by force made void. 
And this obligatien is of fuch power, that the Prince which wil- 
fully violates it 3 is a Tyrant : And the People which purpofely 
breaks it, may be juftly termed feditious. 

Hitherto we have treated of a King, it now refts we do fome- ^», 
what more fully defcribe a Tyrant. We have fhewed that he is a jy ^ c ca jj eci ..'" 
Kjng, which lawfully governs a Kingdom, either derived to him Tyrants ? 
by Succejfion, or committed to him by, Eletlion. It follows there- 
fore that he is reputed a Tyrant, which as oppofite to a Ki n g y e\thcr Arifto.lib.<. 
gains a Kingdom by violence, or indirect means, or being inve- polit.c. 10. 
fred therewith by lawful election, or fuccejfwn, governs it not ac- 
cording to law and equity, or negle&s thofe centralis and agree- Bartoh in trail. 
mentsj.o the obfervation whereof he was ftrictly obliged at his de tyunnide* 
reception. All which may very well occurr in one and the fame 
peribn.The firft is commonly called a Tyrant withoutTitle: the fe- 
cond a Tyrant by praclife. Now it may well fo come to pafs, that 
he which poflefleth himfelf of a Kingdom by force, to govern 
juftly, and he on whom it defcends by a lawful Title, to rule un- 
juftly. But for fo much as a Kingdom is rather a right than an in- * 

heritance, and an office than a pojfejjion : he feems rather worthy 
the name of a Tyrant, which unworthily acquits himlelf of his 
charge,than he which entered into his place by a wrtng door. In 

the 



( no ) 
*hc (ame/?«ce Is thePa/»?call'd an intruder which enter'd by indirect: 
means inro the papacy : and he an abufcr which governs ;// in it. 
Pythagoras (ays, That a worthy firanger i stake prefer/ d before an 
unworthy Citizen, yea, though he be a i\infman. Let it be lawful 
alfb for us to (ay, that a Prince which gained his Principality 
by indirect courles, provided he govern according to law, and 
adminifter Juflice equally, is much to be preferred before him : 
which carrieth himfelf tyranou.fly, although he were legally 
inverted into his Government with all the Ceremonies and 
Hites thereunto appertaining. 

•For (eeing that Kings Were inftitutcd to feed, to judge, to 
cure the Difeafes of the people : Certainly I had rather that a 
Thief mould feed me, than a Shepheard devour me .- I had 
rather receive juftice from a Robber, than out-rage from a 
Judge •• I had better be healed by an Empirick, than poyfoned 
by a Doctor in Phy(Iek.~lt were much more profitable for me 
to have my Eftate carefully managed by an intruding Guardian, 
than to have it wafted and didipated by one legally appointed. 

And although it may be that ambition was his firft (blicitor,to 
enter violently into the Government, yet may it perhaps appear 
unbius'ln A- ^ e z ^ e ^ € ^ ll ™ther to give teftimony of his equity and mo- 
lexsnd. in J£- deration in governing, witncls Cirus, Alexander, and the Hg- 
tKi!ic<t,Caftire. mans, which ordinarily accorded to tho(e people theyfubdued, 
livius,lib.i. permiflion to govern themfelves according to their own Laws, 
SjistoaiHs tn Cuftoms, and Priviledges, yea, (bmetimes incorporated them 
r ,c '7»' into the body of their own ftate: on thecontrary, the Tyrant 
by practice (eems to extend the priviledge of his legal fucceflion, 
the better to execute violence and extortion, as may be (een in 
thefe days, not only by the examples of the Turks and Mufio- 
vites, but al(b in divers Chriftian Princes: therefore the act of 
one which at the firfr. was ill, is in fbme reafonable time recti- 
fied by juflice: whereas the other like an inveterate Di(ea(e,the 
elder it grows, the worfe it affects the Patient. 
Auguft. in Ub. j^[ ow jf according to the faying of Saint Auguftsnejhofe King- 
Sf**" mw * doms where Juftice hath no place, are but a rapfbdy of free- 
booters ; they are in that, both the Tyrant without title, and 
he by pradtife alike, for that they are both Thieves, both Rob- 
bers, and both unjuft: pofieflbrs, as he certainly is no lels an 
unjuft detainer which takes another Mans Goods againft the 

Owners 



( rii ) 

Qwers will, than he. which employs it ill when it was taken 
before. 

But the fault is without comparifbn, much more greater of 
him which poileneth an eftate for to ruine it, than of the other 
which made himfcif Mailer of it to preferve it. 

Briefly, the Tyrant by pra£Hfe vainly colouring his un- 
juif extortions \* ith the juftice of his Title,is much more blamc,- 
able than the Tyrant without Title, who recomnenceth the 
rictence of hi? rirft intrufion in a continued courie of a legal 
and upright Government. 

But to .proceed, there may be obferved fome difference a- Tyrants with- 
mongft Tyrants without Title : for there are fome which am- out 1 ltIe * 
bitioully Invade their neighbours Countries, to enlarge their 
own, as Nimrod, Minus, and the Canaatrites have done. Al- 
though fuch are term'd Kings by their own people, yet to 
thofe on whofe confines they have encroached without any juit 
right, or occafion, they will be accounted Tyrants. ■ 

There be others which having attained to the government of 
an elective Kingdom, that endeavour by deceitful means, by 
corruption,- by prefent, and other bad practJfes, to make it be- 
come hereditary. For witnefs whereof, we need not make 
fearch into elder times ; thefe are worfe than the former, for fb 
much as {ecret fraud, as Cicero faith, is evermore odious than of en 
force. 

There be alfo others which are fo horribly wicked,that they 
feek to enthral their own native Countrey like the viperous 
brood which gnaw through theentralsof their Mother: as be 
tl £>it Generals of Armies created by the People, who afterwards 
by the means of thofe forces make themfelves mailers of the 
Stage, as Cajar at Rome under pretence of the Dictatorship, and 
divers Princes or Italy. 

There be women alfb which intrude themfelves into the Go- 
vernment of thofe Kingdoms which the Laws only permjc to 
the Males,and make themfelves Queens and Regents, as Atbalia 
did in Judab, Semiramis in Ajfiria, Agripina in the Jfyman Empire - *^». 
in the Reign of her Son Nerg, Mammea in Alexander Severus his 
lirne^Seminmira in Heliogabakus j and certain Brunicbildes in the 
Kingdom of France^who Co educated their Sons[as the Queens of 
thehoufe of Medkis in thefe latter times] during their minority, 

R that 



( *•*■*■ ) 

that attaining to more*maturity,their only care was to glut them- : 
lei ves in pleafu res and delights: lb that the whole management: 
of affairs rcmain'd in the hands of their Mothers, or of their 
Minions,Servaivs and Officers. Thofe alfb are Ty rants without 
Title, who taking advantage of the floath,weaknels,and diflblute 
courfes of thofe Princes which are otherwifc* lawfully inftitu- 
ted, and Seeking to enwrap them in a Sleepy dream of voluptu- 
ous idleness (as under the French Kings, especially thole of the 
Merovingian line, Some of the Mayors of the Palace have been 
advanced to that dignity for Such egregious (erviccs)transferring 
into their own command all the Royal Authoriry, and leaving 
the King only the bare Name. All which Tyrants are certainly 
of this condition, that if for the manner of their Goverment 
they are not blameable r Yet for So much as they entered into 
that jurisdiction by tyrannous intrufion, they may juftiy be 
termed Tyrants without Title. 
Tyrants by Concerning Tyrants by pra£fr'fe, it is not fb eafie to deScribe 

practife. ' tr] em as true Kings. For reaSbn rules the one, and (elf- will the 
other : the firft prescribes bounds to his affections, the fecond 
confines his deSires within no limits, what is the proper Rights 
of Kings may be eafily declared,but the outragious infolences 
of Tyrants cannot without much difficulty be expreSs'd. And 
as a right angle is uniform, and like to it (elf one and the fame : 
fb an oblique diversifies it Self into various and Sundry Species : 
In like manner is juftice and equity fimple, and may be deci- 
phered in few words: but juftice and injury are divers, and for 
their Sundry accidents not to be fb eafily defined ; but that more 
will be omitted then exprefs'd. Now although there be certain 
rules by which thefe Tyrants may be represented (though not 
abfblutely to the life:)yet notwithstanding there is not any L more 
certain than by conferring and comparing a Tyrants fraudu- 
lent Sleights with a Kings vertuous actions. 

A Tyrant lops oft thofe Ears which grow higher then the 
reft of the Corn, especially where Vertue make them moft con- 
ipicuouSly eminent, oppreSTeth by calumnies, and fraudulent 
practises, the principal Officers of the State, gives out reports 
of intended conspiracies againft himfelf, that he might have 
Some colourable pretext to cut them off,witneSs Tiberius^Maximi- 
nius, and others, which Spared not their own Kinfman,Coulins, 
and Brothers. 

The 



( 'ni ) 

The King ^n the contrary doth not only acknowledge, hio 
brothers to be. as it were conforts unto him in the Empire:: But 
alfb holds in the place of brothers all the principal Officers of 
the Kingdom, and is not afhamed to confeis- that of them ( in- 
quality as deputed from the general Eftates) he holds the Crown. 
The Tyrant ad vanceth above and in oppofition to the ancient 
and worthy Nobility, mean and unworthy perfons ; to the end' 
that thefebaie fciiov.s being absolutely his creatures, might ap- 
plaud and apply themfelves to the fulfilling of all his loofe and 
unruly defires. The King maintains every man in his Rank, ho- 
nours and refpe&s the Grandees as the Kingdoms friends, deli- 
ring their good asweH as his own. 

The Tyrant hates and fufpects dilcreet and wi(emen,and fears 
no oppohtion more than venue, as being confeious of his own 
vinous courfes, and efteercing his own Security to confift prin- 
cipally in a general corruption of all eftates, introduceth mul- 
tiplicity of Taverns, Gaming-houfes, Masks, Stage -plays, Bro- 
thel-houfes , and all other licentious fuperfluities, that might' 
effeminate and baftardize noble Spirits, as Cyrus did, to wea- 
ken and fubdue the Sardiens ; The King en the contrary allu- 
rethfrom all places honeft and able men, and encouiageth them 
by Penfions and Honours ; and for Seminaries of vertue, erects 
Schools and Univerfities in all convenient places. 

A Tyrant as much as in him lies, piohibites or avoids all pub- Muchuvil in 
lick Aflemblies, fears Parliaments, Diets and meetings of the ge- principe. 
neral Eftates, flies the light, affe&ing ( like the Bat ) to con- 
verfe only in darkneil ; yea, he is jealous of the very gefture, 
countenance, and difcourle of his Subjects. The King becaufe 
he converts always as in the presence of Men and Angels, glo- ^/yj. ub. < i , 
ries in the multitude, and fufficiency of his Councellors, efteem- c ii.po/ir. 
ing nothing well done which is. ordered without their advice, 
and is lb far from doubting or diftafting tHe publick meeting 
of the general Eftates, as he honours and rdpe&s thofc Aflem- 
blies with much favour and affection. 

A Tyrant nouriflieth and feedeth factions and diiTentions a- 
mongft his Subjects, ruias one by the help of another, that he 
may theeafier vanquifh the remainder, advantaging himfelf by 
this divifion, like thofe difnoneft Surgeons which iengchen out 
their cures. Briefly, after the manner of that abominable Vitdli- 
ns y he is not afhamed to fay, that the Carkafs of a dead Enemy, 

R 2. specially 



( i^4 ) 

erpecially a Subjects, yields a good favour. On the contrary, a 
good King endeavours always to keep Peace" amongft his Sub- 
jects, as a father amongft his children, choak the feeds of trou- 
bles,and quickly heals the Scar ; the execution even of juftice 
upon Rebels, drawing tears from his compoflionate eyes; yea, 
thofe whom a good King maintains and defends againft a forrain 
enemy, a tyrant (the enemy of nature/ compels them to turn the 
points of their Swords unto their own proper intrals. A tyrant 
fils his Garrifons with ftrange Soldiers, builds Cittadels againft 
his Subjects, difarms the people, throws dowp their Forts, makes 
himfelf formidable with guards of ftrangers, or men only fie 
for pillage and fpoyl, gives Pennons out of the publick Trealu- 
. . ... ry to fpies and calumniating informers, difperft through all Ci- 

ry % ' f fiaiic t ' es an P rovmces - Contrariwife, a King repofeth more his fafe- 
j. <. icArunu ty m l be love of his Subjects,than in the ftrength of his Fortrefles 
filio porfenna. againft his enemies, taking no care to inroll Soldiers, but accounts 
every Subject as. a Man at Arms to guard him, and~builds Forts 
to reftrain the irruptions of forrain enemies, and not to con- 
ftrain his Subjects to obedience, in whofe fidelity he putteth his 
greatest confidence. Therefore it is that tyrants, although they 
- Prov. 14* 28. j iaye ^^ num berle£s guards about them to drive oft throngs of 
people from approaching them, yet cannot all thofe numbers fe- 
cure them from doubts-, jealoufies and diftrufts, which continu- 
ally afflict and terrifie their timerous conferences : yea in the mid- 
deft of their greateft ftrength, the Tyrannizer of Tyrants,Fear, 
. •'" n maketh prize of their Souls, and there triumphs in their affliction. 
fcw'&nnik. & good King in the greateft concourfe of people, is freeft from 
doubts or fears,nor troubled with fbllkirous diftrufts in his fbllita- 
ry retirements, all places are equally fecure unto him, his own 
conference being his beft guard. If a tyrant want civil broyls 
to exercife his cruel difpofition in, he makes Wars abroad ; e- 
rects idle and needlefs Tropheesto continually imploy his tribu- 
taries, that they might want leifure to think on other things, as 
j&gid.RomJe pf }arao b did the Jews^ and Poltcrate* the Samians , therefore he al- 
reg. prin . ways prepares for, or threatens War,or at leaft feems fo to doe,. 
* _ and fbftill rather draws mifchief on,than puts it further oft*. AKing 
C' cer ° de °i~ never makes war,but compelTd unto it,and for the prefervation of 
the publick 3 he never defires to purchafe advantage by treafua,he 
never entreth into any War that expofeth the Commonwealth 
to more clanger than it aftordeth probable hope of commodity. 

A 



r us *> 

A Tyrant leaves no defign unattempred by which he may 
fleece his Subjects of their fubftance, and turn ic to his prop er 
benefit, that being continually troubled in gaining means to liv e, 
they may have nolnfare no hope how to regain their liberty .- 
On the contrary, the King knoxs that every good Subjects purfe 
will be ready to fjpply the Commonwealths occaiion, and there- 
fore believes he is pofieftof no fmall treafure, whilfr. through his 
good Government his Subjects flow in all abundance. 

A Tyrant extorts unjuftiy from many to caff prodigally upon 
two or three Minions, and thefe unworthy ; he impofeth on all : 
and exacteth from all, to furnifh their fuperfluous and riotous ex- 
pences; he builds his own, and followers fortunes on the ruins of 
the publick : he draws out the peoples blood, by the Veins of their 
means, and o-'ives it prefently to carouie to his Court-leeches. But 
a Kino- cuts off from his ordinary expences, to eafe the peoples 
neceflities, neglecteth his private ftate, and furnifheth with all 
magnificence the publiek occafions ; briefly is prodigal of his own 
blood, to defend and maintain the people committed to his care. 

If a Tyrant as heretofore Tiberius,Kero,Commcdus and others, . 
did fuffer his Subjects to have fome breathing time from unrea- 
sonable exactions, and likeSpunges to gather (ome moifture, it is 
but to fqueeze them out afterwards to his own ufe : on the con- 
trary, if a King do fbmetimes open a vein, and draw fbme blood, 
it is for the peoples good, and not to. be expended at his own 
pleasure in any diflblute courts. And therefore as the holy Scri- 
pture compares the one to a Sbepberdfo doth it alfo refemble the p r0 v. 8. i*. 
other to a roaring Lyon,zo whom notwithstanding the Fox is of- cig ^ ^ Q „ 
tentimes coupled.For a Tyrant a? fays Cicero, is culpable in effect of jfc ^ 
the treated injufiice that may be imagined, and yet he carneth it Jb 
cunningly, that when he mofi deceives, it is then t'uat he maketh greatefl 
appearance to deal fincerely. And therefore doth he artificially coun- 
terfeit Religion and devotion, wherein faith Anfiotle,he expreffetb ' 
one of the mofi abfolute fubtleties that Tyrants can poffbly praciife : he Artifl. Jib. 5. 
doth fo cempofc bis countenance to piety, by that means to ternfie the P ^' c, un- 
people from confpiring hgainfi him jWho they may well imagine to be es- 
pecially favoured of God., cxpr effing in all appearance fo reverently toje/ ve 
him. He fains alfo to be ..xceeuingly affected to the publick good ; 
not io much for the L-v of it, as for fear of his own fafety. 

Furthermore he defires much to be eileemedjuft, and loyal in 
fbme Aftairs, purpofely to deceive and betray more eaiily in mat- 
ters 



( n5 ) 

-ters of greater cqnfequence: much like thofe thieves which 
maintain themfelves by Thefts and Robberies, cannot yet long 
fiibfift in their Trade, without exercifing fbme parcel of juftice 
in their proceedings. He alio counterfeits the merciful, but it 
is in pardoning of (uch Malefactors, in punifhing whereof he 
might more truly gain the reputation of a' pitiful Prince. 

To fpeak in a. word, that which the true King is, the Ty- 
rant would (eem to be, and knowing that men are wonderfully 
attracted with, and inamoured of vertue, he endeavours with 
much fnbtilty to make his Vices appear yet masked wich fbme 
fhadow of vertue : but let him counterfeit never 16 cunninglv, 
Hill the Fox will be known by his Tail : and although he fawn 
and flatter like a Spannel,yct his fharlingand grinning willever 
bewray his currifh kind. 
Tho. Aduin. in Furthermore, as a well-ordered Monarchy partakes of the 
fecufld, q. 12. principal Commodities of all other Governments : So on the 
art. ii. contrary, where Tyranny prevails, there all the difcommudities- 

of confufion are frequent. 

A Monarchy hath in this, conformity with an Arifiocracy,that 
the moft able and difcreet are called to Confutations : Tyranny 
and Oligarchy accord in this, that their Councels arecompofed 
of the worft and moft corrupted. And as in the Councel fyyal, there 
may in a fort feem many Kings to have inter efts in the Government, 
fo in the other on the contrary, a multitude of Tyrants always domineers. 
The Monarchy borrows of the popular Government the AC- 
femblies of the Eftates, whither are fent for Deputies the moft 
fufficient of Cities and Provinces, to deliberate of, and determine 
matters of State : the Tyranny takes this of the Ochlocracy , 
that if (he be not able to hinder the Convocation of the Eftates, 
yet will (he endeavour by factious fubtilries and pernic/ous Pra- 
ctices, that the greateft Enemies of Order and Reformation 
of the State be lent to thofe AfTemblies, the which we have 
known praclifed in our times. In this manner afiames the 
Tyrant the Countenance of a King, and Tyranny the Sem- 
blance of a Kingdom, and the continuance fucceeds commonly 
according to the dexterity wherewith it is managed ; yet, as 
Ariflotle lays, tve floall hardly read of avy Tyranny that hath out-tajl- 
ed a hundred years : briefly the I(jng principally regards the pub- 
lic^ utility, and a Tyrants chiefeii care is for his private Commodity. 
But feeing the condition of men is fuch,that a King is with much 

difficulty 



( ii7 ) 

difficulty to be found, that in all his actions only agreeth at 
the publique good, and yet cannot long fubfift without expre£ ■ 
lion of (bruelpecial care thereof, we will conclude that where 
the Corrrmon-.wealths advantage is moil preferr'd, there is both 
•a lawful King and Kingdom ; and where particular defigns 
and private ends prevail agaittd the publique prorit,there quefti- 
nolefs is a Tyrant and Tyranny. 

Thus much concerning Tyrants by practife,in the examining 
whereof we have not altogether, fixed our di/courfe on the loofe 
diforders or their wicked and licentious lives a, which fome fay b fralf'de'ti- 
the character of a bad Man : but not always of a bad Prince. If ran. & fc re- 
therefore the Reader be not fatisfied with this defcription, be- gim> Civi. 
fides the more exact reprefehtations of Tyrants which he (hall 
find in Hiflories he may in thefe ourdays behold an abfolute 
model of many living and breathing Tyrants: whereof Ariftotle 
in his time did much complain. Now at the lad: we are come as £ To whom it 
it were by degrees to the chief and principal point of the que- belongs to re- 
fiion. We have feen how that Kings t> have been chofen by p re fsVvrants 
God, either with relation to their Families or their perfons on- without Title. 
3y, and - after inftalled by the People: In like manner what is 
the duty of the King, and of the Officers of the Kingdom, 
how far the authority, power, and duty both of the one and 
the other extends, and what and how (acred are the Covenants 
and Contracts which are made at the inauguration of Kings,and 
what Conditions are intermixt,both tacite and exprefs'd ; finally 
who is a Tyrant without Title,and who by practife,feeing it is a 
thing unqueftionable that we are bound to obey a lawful King, 
which both to God and People carrieth himfelf according to 
thofe Covenants whereunto he ftands obliged, as it were to 
God himfelf,feeing in a fort he represents his divine Majefty : It 
now follows that we treat 3 how,and by whom a Tyrant may be — 
lawfully refifted,and who are the perfbns that ought to be chief- 
ly actors therein,and whatcourfe is to be held, that the action 
may be manag'd according to right & reafon:we rauft firft fpeak 
of him which is commonly called a Tyrant without Tkle.Letus 
fuppofe then that fome Ninus having neither received outrage nor 
offenee,invades a people over whom he hath no colour of preten- c Otto Trifmg. 
fion : that Cafar feeks to oppreis his Country c, and the Ityman CbronA. 3.C7* 
Common- wealth : that Popiclus endeavours by Muvthers and 
Treafons to make the Elective Kingdom of Polema to become 

hereditary 



Aimm. bb. 4- hereditary to him at^d his pofterity : or iome Bruniehilde draws 
Gre. Turov. t0 ^ er &^ anQi ner Protadius the absolute Government of France: 
lib. 4. c. 5 1. °r Ebr onus ..taking advantage of Tbeodericl{s weaknefs and idlenels, 
lib. 5.C.39. gaincth the intive adminiftration of the Srate,and oppreffeth the 
hb. 8. c. 29. p eo pl e5 w j iat {h a Ube our lawful refuge herein? 

^ Firft, the Law of Nature teachcth.and commandeth us to 
maintain and defend our lives and liberties, without which life 
is leant worth the enjoy ing,again ft all injur) 1 - and violence. Na- 
ture hath imprinted this by inftinct in Dogsagainft Wolves,in 
Bulls againft Liens, betwixt Pigeons and Spar- hawks, betwixt 
Pullen and Kites,and yet much more in Man againft Man him- 
felf,if Man become a Beaft; and therefore he which queftions the 
lawfulnefs of defending ones feif,djth as much as in him lies que- 
ftion theLaw of Nature. To this muft be added the Law of Na- 
tions,which diftinguifhethPoffeftions and D6minions,hxes limits, 
and makes'out confjnes,which every Man is bound to defend a- 
— - gainft all Invaders.And therefore it is no Icls lawful to reiift A- 
iexander the Great, if without any right or being juftly provoked, 
he invades a Country with a mighty Navy ; as well as Diomedes 
the Pirate which Icours the Seas in a linall Veflel.For in this calc 
Alexanders right is no more than Diomedes his,but only he hath 
more power to do wrong,and not lb eafily tobecompell'd to rea- 
fbn as the other. Briefly, one may as well oppofe Alexander in 
pillaging a Country, as a Thief in purloining a Cloak, as well 
him when he leeks to batter down the Walls of a City, as a 
Robber that offers to break into a private houfe. There is 
befidcs this, the Civil Law, or municipal Laws of leveral Coun- 
tries which governs the Societies of men, by certain rules, lome 
in one manner, Ibme in another ; fume lubmit themfelves to 
the Government of one man, lome to more $ others are ruled 
by a whole Commonalty, brae absolutely exclude Women 
from the Royal Throne, others admit them, thele herechufe 
their King defcended, of fuch a Family , ihofe there make 
Election of whom rhey pleafe, befides other Cuftoms pra- 
clifed amongft leveral Nations. If therefore any ofter either by 
fraud or force to violate this Law, we are all bound to reiift him, 
becaufehe wrongs thatSociety to which we owe all that we have, 
and would run our Countrey, to the preservation whereof all 
men by nature, by law and by folemnOath are ftrictly obliged .- 
inlomuch that tear or ncgligencc,orbad purpoles,make usomic 

thi3 



( 129 ) 

this dutie, we may juftly be accounted breakers of the Laws* 
betrayers of our Countrey, and contemners of Religion. Now as 
the Law of Nature, of Nations, and the civil commands us to take 
Arms ag^inftfuch Tyrants; fo is there not any manner of Reafcn 
that fbould perl wade us to the contrary, neither is there any Oath* 
Coven?nt,or Obligaticn,publick or pnvate,of power jultiy to re- - ^ 

J It-rain us ; therefore the meanefl private Man may refill and Law- le ' f^j^ 4 S 
fully oppofe fuch an Intruding Tyrant. The Law Julia,which con- j ? jt a tts. 
demns to death thofe that raife Rebellion againft their Countrey 
or Prince, hath here no place } for he is no Prince, which without 
any Lawful Title Invade th the Common- wealth, or Confines of a* 
neither; nor he a Rebel, which by Arms defends his Countrey ;but 
rather to this had relation the Oath which all theYourhof A' 
thins were acctiftomed to take in the Temple of AgUnra y I will « 
Fight for Religion, for the Laws, for the Altar?, and for our 

l Pofllffions* either alone, or with others } and will do the utmoft 

. of my Endeavour, to leave to pofterity our Countrey, at the BartoUntmc. 
leaft, in as good eftate as I found it. To as little purpofe can the de GuelpL (3 
Laws made againft Seditious Perfons bealledg^dherc, for he is GibeUtn. _ 
Seditious which undertakes to defend the People,in Oppofition of 
order and publick Difcipline •, but he is no raifer, but a fuppref- 
for of Sedition, which reftrai/ieth within the Limits of Reafon. the 
fubverter of his Conntreys Welfare, and publick Difcipline. 

On the contrary to this, hath proper relation the Law of Tyra- Mj#* M. 4. 
nacides, which honours the living with great and memorable re- ^* 4 J^* *£ 
compences, and the dead with worthy Epitaphs, and glorious ca l '. 
Statues, that have been ther Countreys Liberators from Tyrants *, 
as Har modi us and Ariftopton at Athens y Brutus and Cajfius in r . ... 
Greece, and Aratns otSycione. To thefe by a publick Decree were jf? a 'J^™/?. 
erected Statues, becaufe they delivered their Countreys from the 
Tyranies of Pifijfratus^ cttCafar, and oiNicocles. The which was Plutarch. in 

. of fuch RefpecT: amongft the Antients, that Zerxes having made Arato. 
himfelf Mailer of the City of Athens , caufedtobe tranfported . . 

into Perfia the Statues cfHarmodius and Arifloaiton ; afterwards , a , ' „ ., fJT,' 
StleucHS caviled them to be returned into their former place : and 
as in their paflage they came by Roadet,t)\ok famous Citizens en- 
tertained them with publick and flupendiousfolemnities? and du- 
ring their abode there, they placed them in the choiceft facrefties 
of their gods. But the Law made againft Forfakers,and Tray tors, 

S takes 



takes abiblutely hold on thofe which are negligent and cardefs 
to deliver their Countrey oppreficd with Tyranny, and con- 
demns them to the fame punifhment, as thofe Cowardly Soldi- 
ers, which when they ihould Fig,ht, either counterfeit Sicknefs, 
or caft off their Arms and run away,. Every one therefore both in 
general and particular, ought to. yield their belt ?fiiftance unto 
L ? & I th * s ; as » n a publick Fire, to bring both Hooks, and Buckets and 
Omne deli- Water; we mult not ceremoniouily expect that the Captain of 
ctum./.uir. the Watch be firft cal!ed> nor till the Governour "<3f the Town 
D.de re mi- be come into the Streets •, but let every man draw Water and 
br - climb to the Houfe-top -,it is neccflary for all men that the Fire be 

quenched. For if whiift thec?.^/rj with much filence and vigi- 
lancy leek to fcale and furprife the Capital, the Soldiers be drow- 
. fie with their former pains, the Watch buried in fleep, the Dogs 
fayl to bark, then mult the Gtelepl y the Sentinels, and with 
their gagling noife, give an Alarm. And the Soldiers and Watch 
ftiall be degraded, yea, and put to death : The Geefe for perpetu- 
al remembrance of this deliverance, fhali be always fed in the C*- 
ptoll. and much efteemed. 

This of which we have fpoken, is to be underftood of a Ty- 
ranny not yet firmly rooted, to wit, whiift a Tyrant confpires, 
machinates, and lays his plots and pra&ifes. But if he be once fo 
poflefled of the State, and that the People being fubdued, promife 
and fwear obedience ; the Cornraon-wealth being oppreited, re» 
fign their authority into their hands ; and that the Kingdom in 
fome formal manner, confent to the changing of their Laws^ 
for fo much certainly as tnenjhe hath gained a title which before 
he wanted, and feems to be as well a legal as actual pofleflbr 
thereof, although this Yoke were laid on the Peoples Neck bv 
compulfion, yet mull: they quietly and peaceably reft in the will 
©fthe Almighty, who at his pieafnre transfers Kingdoms from 
one Nation to another ^ otherways there mould be no Kingdom, 
whofe Jurifdiction might not be difputed: And it may well chance, 
that he which before was a Tyrant without Title,having obtained 
the Title of a King, may free himfelf from any Tyranous lav 
putation,by governing thofe under him with Equity and Mot 
tion. Therefore then as the People ot Jurie, under the Authori- 
2 Kingi *4«- tyofKing£*.wfc. ; *, did Lawfully refill the Invafion of Senacbenb 

lerVm S* tne ^h rtan : $° 0B ^ c °ltf rar y was Z^dcchim and ail his Sub- 
' 5 jects 



« 



C '5' ) 

je<fbs worthily punifhedj-ecaufe that without any jult. occaflon, 
alter they bad done homage and fworn feafty to Ntbucha^nezj- 
n*r\ they rift in Rebellion sgainft him. For after prom i"fe of Per- 
formance, ic is too late to repent And as in battles every one ought 
to give Teftimony of his Valour, but being taken Prifoner, mult 
.faithfully obferve Covenants \ fo it isrequiOte, that the People 
maintain their Rights by al) peffibie means-, but if it chance that 
they be brought into the fubj-ction of anothers Will, they mud: 
then patiently fupport the dominion of the Vi&or.So did Pomfiy* 
Cato and Cicero, and others, perform the parts of good Patriots 
then when they took Arms agairiit Cafar, feeking to alter the 
government of the State * neither can thofe be juitiy excufed, 
whole bafe fear hindred the happy fuccsfs of Pompey and his par- 
takers noble defigns. jittg*ftw himfelf is faid to have reproved 
cue who railed on Cato, affirming that he carried himfelf wor- 
thily and exceedingly affected to the g^eatnefs cf his Country, in 
couragioufly oppofing the Alteration which his Contraries fought 
to introduce in the Government of the State, feeing all innovati- 
ons of that Nature> are ever Authors of much Trouble and Con- 
fufion. 

Furthermore, No man can juflly reprehend Brutus, Cajfiitf, and 
the reft who killed Ctfar before his Tyrannical Authority had 
taken any firm rooting. And fo were there Statues of Brafs Ere- 
cted in honour of them by publick decree at Athens^ and placed by 
thofe of Harmodiw and Artjlogiton, then when after the difpatch*. 
ing of C&far they retin d from Rome, to avoid- Mar. hatGnie 
and Auguftm their revenge. But Cinna was certainly guilty of fe- 
dition, who after a legal transferring of the Peoples power into 
the hands of Augustus, is faid to confpire agajnft him. Likewife 
when the P^;»rfought to take the Crown of France from the 
'Merovingians : as alfo when thofe of the line of Capet endea- 
voured to fupplant the Pepins^ any might lawfully refill them 
without incurring the Crime of Sedition : But when by publick 
Counfel and the Authority of theEftate?, the Kingdom was trans- 
ferred ftom one family to another, it was then unlawful to op- 
pofe it- The fame may be faid, if a Woman poflefs her felf of the 
Kingdom, which the Salick Law abfolutely prohibites, or if one 
feek to make a Kingdom meerly Elective, hereditary to hisoff- 
fpring, while thofe Laws (land in force, and are unrepealed by 

S 2 the 



( I?2 ) 

the Authority of the general Eftates, which represent the body of 
thePeople.Nekherisicneceflary in this refpecl, to have regard 
whether faction is the greater, more powerful or more iiluflrio'JS. 
Always thofe are the greater number who 3re led by Pafllon, 
than thofe thit aje ruled by Reaibn. and therefore tyranny bath 
more fervancs thsn the Common- w^akh. But^^e is there ac- 
cording to the laying of Pemp*y, where the Sen ite is, and the Se- ' 
nate is where there is obedience to the Laws love of Liberty* and 
ftndions carefulnefs for the Countries Prefervation. And there- 
fore, though Brennta may ieem to be Mafter of AWf,yet notwith- 
(landing is Rome at veies with Camillus, \vho prepares to deliver 
Rome from bondage. It behoovs thiruforeall true-fow-^to re- 
pair to Camillas, and affift his Enterprize with the utmoir, of 
Plutarch, in tn eir power and endeavours. Although ThimiSlccks, and all his 
-aita Tbsm.fi. a ^| e anc j wor tMeft Companions leave Athens, and put to Sea with 
a Navy of two hundred Galiies, notwithstanding it cannot be laid, 
that any ofthefe mcnare r banifhed Athens, but rather, as Tbemijio- 
cles anfwered, Thefe two hundred Gallies are more ufeful for us, 
than the gteateft City of a\\ Greece ; for that they are armed, and 
prepared for the defence of thofe which endeavour to maintain 
and uphold the publick State. 

But to come to other examples ; it follows not that the Church 
of God mult needs be always in that place where the Ark of the 
Covenant is; for the Thitiftines may carry the Ark into the Tem- 
ples of their Idols. It is no good Argument, that becaufe we fee 
the Roman Eagles waving jn EHfigns, and hear their Legions na- 
xaedythat therefore prelently we conclude, that the Army of the 
Roman Common-wealth isthere prefent •, for there is only, and 
properly the Power of the State where they are afTembkd,to main- 
tain the liberty of the Countrey againft the ravenous opprcflion 
of Tyrants, to infranchife the People from fe rvitude,and to fup- 
prefsthe impudency ofinfulting fl tterers, whoabufe the Princes 
weaknefs by oppreffing his Subjects for the advantaging of their 
own fortunes, and contain ambitious Minds from enlarging their 
defires beyond the limits of Equity and Moderation. Thus much 
What may concerning Tyrants without Title. 

*iv»fuiiy be But f or Tyrants by praclife, whether they at firfl: gained their 
T^u'by Authority by the Sword, or were legally inverted therewith by a 
fca&ife, general confent : It behooves us to examine this point with much 

weary 



. On) 

wary clrccmfpectiom In the fir ft place we muft remember, that 
all Princes are born men, and therefore rerfon and paflion are as 
hardly to be feparated in them, as the Soul is from the body 
whilft the man liveth ; We muft not then expect princes abfolute 
in perfection, but rather repute our felves happy if thole that go- 
vern us be indifferently good. And therefore although the P.ince 

' obferve not exact mediocrity in State- Affiirs ^ if foiaetimfs Pafli- 
on over-rule his reafon , if fomecarelefs Omiffion, make him neg- 
lect the Publick Utility ; or if he do not always carefully exe- 
cute Juftice with Equality, or rqpulfenot with ready Valour an 
invading enemy ; he muft not therefore be prefently declared a 
Tyrant. And certainly, feeing he rules not as a God over men, 
nor as men over beafts, but is a Man compofed of the fame mat- 
ter, and of the fame nature with the reft : As we would queftion- 
lefs judge that Prince unreafonably infolent, that mould infult 

[ over and abufe his Subjects ; aslf they were bruit Beafts \ fo thofe 
People aredonbtlefs as much void of Reafon, which' imagine a 
Prince (hould be compleat in Perfection > or expect: divine abili- 
ties in a nature fo frail and fubject to Imperfections. But it 2 
Prince purpofely Ruinethe Common- weal, if he prefumpiuotfly 
pervert and refill: Legal Proceedings, or Lawfull Rights, if he^ 
make no reckoning of Faith, Covenants, Juftice nor Piety, if he 
Prolecute his Subjects as Enemies ; briefly, If he exprefs all or the 
chtefeft of thofe wicked Practifes we have formerly fpoken of \ 
then we may certainly declare him a Tyrant, which is as much as 
an Enemy both to God and Men. We d© not therefore fpeak of. 
a Prince lefs good, but of one abfolute bad j not of one lefs wife> 
but of one Malicious and Treacherous ^ not of one lefs able ju- 
diciously to difcufs Legal Differences, but of one per ver fly bent 
to pervert Juftice and Equity \ not of an unwariike, but of one fu- 

, rioufly difpofed to ruine the People, and ranf?ck the State. For 
the Wifdomofa Senate, the Integrity of a Judge, the Valour 
of a Captain, may peradventure enable a weak Prince to Govern 
wen": But a Tyrant could be content that all the Nobility , the 
Councillors of State, and Commanders for the Wars, had but 
one head that he might take itofFatone blow . thofe being the 
proper objects of hisdiftruft and fear, and by confequence the 
principal fubjects on whom he defires to execute his Malice and 
Cruelty. A Foolifti Prince, although ( to fpeak according to right 

and: 



(<34) 

and Equity ) he ought to be depofed, yet may he perhaps in Tome 
fore be born withaj : Buta Tyrant the more he is toilerated, the 
more he becomes imollerable. 

Furthermore, as the Princes pleafure is not always law, fo 
many times ic is not expedient that tr.e People doe 2II chat which 
may lawfully be done : for it may often-times chance, that the 
Medicine proves mere dangerous than the Difeafe. Therefore it ' 
becomes wife men, to try all ways before they come to blows, 
to life all other remedies before they fuffer the Sword to decide 
the Controverfie- If then thofe which reprefent the Body ol the 
People, forelee any Innovation or Machination againft the State, 
or that it be already embarqued into a courfe of Perdition \ their 
duty is> firft to admonifh the Prince, and not to attend, that the 
difeafe by acceflion of time and accidents, becomes unrecovera- 
ble. For Tyranny may be property refembled unto a Feaver He- 
ttick, the which at the firft is eafie to be cured, but with much . 
difficulty to be known ; but after it isfufficiently known, it be* 
comes uncurable. Therefore fmall beginnings are to be care- 
fully obferved, and by thofe whom it concerns diligently pre- 
vented. 

If the Prince therefore perfift in his violent courfes, and con- 
temn frequent admonitions, addrcfiing his defjgns enly to 
that end, that he may opprefs at his pleafure, and effect his 
owndefires without fear or reftraint :> he then doubtlefs makes 
bimfslf liable to that detefted crime of Tyranny : and whatfoever 
either the law, or lawful authority permits againft a Tyrant, may 
be lawfully practifed againft him. Tyranny is not onely a will, 
but the chief, and as it were the complement and abftract of vi- 
ces. A Tyrant fubverts the State, pillages the people, lays 
ftratagems to entrap their lives, breaks promife with all, feoffs 
at the facred Obligations of a folemn Oath, and therefore is he J 
fo much more vile than thevileft of ufual Malefactors, by how 
much offences committed againft a generality, are worthy of grea- 
ter punilhment than thofe which concern only particular and 
private perfen?. If Thieves and thofe that commit Sacriledge, be 
declared Infamous •, nay, if they juftly fuffer Corporal pun ifhment 
by iDeath, can we invent any that may be worthily equivalent for 
fo ourragious a Crime ? 
furthermore, we have already proved* that all Kings receive 

their 



( '35) 
their Royal Authority from the people, that the whole people - 
conlider'd in one body, is above and greater than the King ; and 
that the King and Emperour are only the prime and ftpfeam Go- 
vernours and Minifters -of-the Kingdom and Empire*, but the 
People the ahiolute Lord and Owner theeeof. It therefore necef- 
firily follows, that a Tyrant is in the fame manner guilty of re- 
bellion againft the 'Ma jeftey of the people, as the Lord of a fee, 
which Felionloufly tranfgrefs the Conditions of his Invtftitutes, 
and is liable to the fame punifhment* yea, and certainly deferves 
much more greater than the equity of thofe Laws inflict on the de- 
linquents. Therefore as 2krc//«fays,He may either be depofed by in tract, de 
thofe which are Lords in Soveraignty over him, or eifejuftly tyran. & in 
punifhed according to the Law Julia, which- condemns thofe tract. deRc- 
which offer Violenee to the publick. The body of the people 8 mlcmt * 
muft needs be the Soveraign of thofe which reprefent it, which^ 
.Jin fome places are the Electors, Palatines, Peers ; in other, the 
Aflembty of the general Eftates. And if the Tyranny have got- 
ten fuch fure footing, as there is no other means but force to re- 
move him *, then it is lawful for them to call the people to Arms, 
to Inroll and raife Forces, arid to imploy the utmoft of their po *. - 
er, and ufe againft him all advantages and ftratagems of War, 
as againft the Enemy of the Common* wealth,and the Difturber of 
the Publick Peace.^ Briefly, the fame fentence may be juftly pro- 
nounced againft him, as was againft ManliKsCapitoUnm at Rome. Valerius lib. 
Thouwafi to me Alanlius, when thou didfi tumbh down the G axles 9v c j.3\ 
that fcaled the Capifle : But face thou art now become an Enemy, like 
one of them, thoufhalt be precipitated down from the fame place from 
whence thou formerly tumbled ft thofe Enemies, 

The Officers of the Kingdom cannot for this be rightly taxed 
of Sedition -, for in a Sedition there muft necefHrily concur but 
t-^vo parts, or fides, the which peremptorily contefu together? fo 
that it is necefTary that the one be in the right, and the other in 
the wrong : That part undoubtedly hath the right on their fide, 
which defends the Laws* and Arrives to advance the publick pro- J* q|"j ^"li" 
fit of the Kingdom. And thofe on the contrary are qucftionlefs QbelVf are. I. 
in the wrong, which break the Laws, and project thofe that vio- - 5 .' sect cum 
late Juftice, and opprefs the Common-wealth. Thofe are cer- igitur D. de ; 
tainiy in the right way, as faid Barfolut, which endeavour to fup- Yi8c viar ° 
prefsTyranaical Government, and thofe in the wrone, which op- 

pofe 



pofe lawful authority; And that /null ever be accounted juft, 

which is intended only for the pub!ick benefit, and that unjult, 

J 1}0/1 J"*"' which aims chiefly at private commodity. Wherefore Tho ms 

ec. gcun .q. ^amnas f^ith, 7'W a tyrannical rule havimr no proper addre Is for 
12. art. ii.in , ' , , , - ; r . J , r ■ r ^ ■,.'■,■ J J ^ 

£ ne> t/>e publickjvdjart, but only tojatisjie- a private will-, with tncreafe 

% of particular profit to the ruler* cannot in any reafonabk confirHtlion be 

account td lawful, and therefore the difkurbzr.c of fuch a Government v 
cannot be e^eemedSedttiotu.nmch lefs Tray tors. (or that offence hath 
1. 1 D. ajlez. P r0 P er relation only to a lawful Prince, who indeed is an iaani- 
lul.'majtfl, rimed or fpeaking Law *, therefore feeing that he which employs 
the utmoft of his means and power to annihilate the L iws, and 
Ci:e. parade quell their vertue and vigour,can no ways be iuftly Intituled there- 
with : So neitherjikewiie can thofe which oppofe and take Arms 
againft him, be branded with fo notorious a Crime. Alio this of- 
fence is committed againJt the Common- wealth j but for fo much 
as the Common' wealth is there only where the Laws are in force, . 
and not where a Tyrant devours the State at his own pleafure 
and liking, he certainly is quit of that Crime which ruins the Ma- 
jefty of the publique State, and thofe queftionlefs are worthily 
protectors and prefervers of the Common-wealth, who confi- 
dent in the lawfulnefsof their Authority, and fummoned there- 
unto by their duty, do couragioufly refill the unjuft proceedings 
of the Tyrant. 

And in this their Action we mult not efteem them as private 
Men and Subjects, but as the reprefentative body of the People, 
yea, and as the Soveraignty it felf, which demands of his Minifttr 
an account of his Adminiftration.Neither can we in any good rea- 
fon account the Officers of the Kingdom Ditloyal, who in this 
manner acquit themfelves of their charge- 

There is ever, and in all places, a mutual and reciprocal obli- 
gation between the People and the Prince ; the one promifeth tQ 
be a good and wife Prince, the other to obey faithfully, provided 
he Govern jnftly. The People therefore is obliged to the Prince 
w under condition : The Prince to the People fimply and purely. 
Therefore if the Prince fail in his Promife, the People is exempt 
from Obedience, the Contract is made void,the Right of Obligati- 
on of n© force. Then the King if he Govern unjultly, is Perjur'd, 
and the People likewife Forfworn if they obey not his lawful com- 
mands : But that People is truly acquit from all Perfidioufnefs, 

which 



C'?7) 

whkh publickly renounce the unjult dominion of a Tyrant, -or 
he ftriving unfitly by ftrong fund to continue the pofTeffioh, do 
conft/intly endeavour toexpulfe him by force of Arms, 

It istherefbre permitted the Officers of a Kingdom-, either ail, L IC $_ D ^ e 
or foroe good number of chem,to fupprefs a Tyrant \ and it is not reg.j'ur. 
only lawful for them to do it , but their Duty exprefly re- 
quires it •, and if they do it not, they can by no excufe colour 
their Bafenei's. For the Electors, Palatines ^Peers^nd other Officers 
of Stace,mu(t not think they were cfbablifhed only to make pom- 
peous Paradoes and Show?, when they are at the Coronation of 
the Ring, habited in their Robes of State, as if there were fome 
Mafque or Interlude to be reprefented; or as if they were that day 
toacl; the parts of RuUnd^OUvtr^i Renaldo, and fuch other per- 
fonages on a Stage, or to counterfeit and revive the memory of 
the Knights of the round Table ; and after the difmiffing of that 
days Alterably, to fuppofetheytiave fufficiently acquit themfdves 
of their Duty, until a recefs of the like folemnity. Thofe lV 
lemn Rites and Ceremonies were not inftituted for vain oftenta- 
tion, nor to pafs, as in a dumb fhow>topleafe the Spectators, 
nor in Childrens fports, as it is with Horace, to create a King in 
jeft •, but thofe Grandees mull know, that as weH for Office and 
Duty, as for Honour, they are called to the performance of thofe 
Rites, and that in them, the'Common-wealth is committed ajid 
recommended to the King, as toherfupream and principal Tu- 
tor and Protector, and to them as Co-adjutors and Affiftants to 
him •. and therefore, as the Tutors or Guardians (ye?, even thofe Vl J' ^ D - . 
that are appointed by way of honour)are chofen to have care of- & a tu ™ '& C {JJ2£ 
obferve the actions and importments of him which holds the prin- 
cipal rank in the Tutorihip, and to look how hecarrieth himfelf l, 2* Dcoh. 
in the Adminiftration of the goods of his Pupil : So likewife are 
the former ordained to have an Eye to the courfes of the King, 
for with an equivalent Authority, as the others for the Pupil, fo 
are they to hinder and prevent the Damage and Detriment of the 
People, the King being properly reputed as the prim? Guardian, 
and they his Co-adjutors. 

In likemanner, as the faults of the principal Tutor who mana- 
ges the Affairs,are juflly imputed totheCo-adjoynrs in theTutor- l ^4-p-' J 
(hip, if when they ought and might; they did not difcover his ™T 1*,%% 
Errors,and caufe him to be depofed, efpecially failing in the main fufcc. L,'^ 

T Points cur 



paints of his charge, to wit, in not communicating unto them the 
affairs of his adminiftration, in dealing unfaithfully in his place, 
in doing any thing to the difhonour or detriment of his Pupil, 
• inimbeflilingof his Goods or Eftate, or if he bean Enemy to his 
PupiK briefly, if either in regard of the worthlcfsnefs of his Per- 
ion,or weaknefs of his judgment, he be unable well to difcharge 
fo weighty a charge. So alio are the Peers and principal Officers 
of the Kingdom accountable for the Government thereof,& muft 
both prevent, and ifoccafion require, fupprefs the Tyranny of 
the Prince, as alio fupply with their care and diligence, his inabi- 
lity and weaknefs. 

Finally, If a Tutor omitting or neglecting to do all that for his 
Pupil, which a difcreet Father ofa family, would and might con- 
veniently perform, cannot well be excufed, and the better ac- 
quitting himfelf of his charge, hath others as concealers and Af- 
fociates, joyned with him tooverfee his actions, with much more 
reafon may,and ought the Officers of the Crown reltrain the t io- 
lent irruptions of that Prince, who inftead of a Father, becomes 
an Enemy to his People^ leeing to fpeak properly,they are as well 
accountable for his actions wherein the publick hath Interelts, 
as for their own. 
VIO.&93. Thofe Officers mufl: alio remember, that the King holds truly 
z>. deadm. & the firft place in the Adminiftration of the State, but they the fc- 
fcric. turn & cond, and fo following according to their ranks ; not that they 
Cu3r ' fhould follow his courfes, if he tranfgrefs the Laws of Equity and 

Jnflice-,nottbatif heopprefsthe Common- wealth, they ffcould 
connive to his Wickednefs. For the Common wealth was as well 
committed to their care as to his, fo that it is not fufficient for 
them todifcharge their own duty in particular, but it behooves 
them alfo to contain the Prince within the limits of reafon,briefly 
they have both joyntly and fevcrally promifed with folemn Oaths, 
to advance and procure the profit of a Common-Health, although 
then that he forfwore himfelf^ yet may not they imrgine 
that they are qnit of their promife, no more than the Bifhops and 
Patriarks,if they fuffer an heretical Pope to ruine the Church •, yea 
they fhould cfteem themfelvesfo much the more obliged to the 
obferving their Oath, by how much they find him wilfullv dif- 
pos'd to rufh on in his perfidious courfes., But if there be collufion 
betwixt him and them 3 they are prevaricators, if they diflemble, 

they 



( 139 ) 
they may juftly be called forfakers and traytors, if they deliver 
not the Common wealth from Tyranny, they maybe truly rankc 
in the number of Tyrants -, ason the contrary they are Protector?, 
Tutors, and in a fort Kings, if they keep and maintain the State 
fafeand intire> which is alfo recommended to their Care and 
Cuftody. 

Although thefe things are fufficiently certain of themfelves,yet 
may they be in fome fort confirmed by Examples. The Kings of 
Canaan which prcfTed the People otlfrael with a hard,both corpo- 
ral and fpiritual Servitude, ( prohibiting them all meetings and 
ufe of Arms ) were certainly Tyrants by Practice, although they 
had fome Pretext of title. For,£j;/0« &Jabin had peaceably reigned 
alrnoit the fpaceof twenty years, Godftirred up extraordinarily 
Ehud, which by a politick Stratagem killed Eglon, and Deborah Jc,d%. 4, & 3. 
which overthrew the Army of Jxbm, and by his fervice delivered 
the People from the fervkude of Tyrants,not that it was unlawful 
for the ordinary xMagiftrates, the Princes of the Tribes, and fuch 
other Officers to have performed it, for Deborah doth reprove the 
fluggifh idlenefs of fome,and flatly detefts the difloyaky of others, 
for that they failed to perform their duty herein. But it pleakd 
God, taking Comraiferation of the diftrefs of his People, in this 
manner to fupply the defe&s of the ordiaary Magiftrates. 

Rehoboam the Son of Solomon, refufed to disburthen the People L Km8 1Z ' 6> 
of fome unneceiTary impolts and burthens *, and being Petitioned G * 
by the People in the general AlTembly of the States* He grew info- 
lent^ and relying on the Conn fe I of hu Minions^ arrogantly threat em 
to lay heavier burthens on them hereafter. No man can doubt, but 
that according to the tenour of the Contract, firft pafTed between 
the King and the People, the prime and principal Officers of the 
Kingdom had authority toreprefs fuch Infolence. They were on- 
ly blameable in this, that they did thac by faction and divilion, 
which fhouid more properly have been done in the general Af* 
fembly of the States •, in like manner, in that they transferred the 
Scepter from J*da (which was by God only conhVd to that 
Tribe ) into another linage •, and?1fo, (as it chances in other af- 
fairs ) for that they did ill and diforderly manage a juit and law- 
ful eanfe. Prophage Hiftories are full of fuch! Examples in other 
Kingdoms. 

T 2 BrHtta 



Bfe 



( HO ) 
Brutus General of the Soldiers, and Lucretius Governour of 
Tfttui Ltttu the City of Rome, afllmbled the People againft Tarqmnius Super- 
bus, and by their Authority thruft htm from the Royal Throne : 
Nay, which is more, his Goods are Con Efca ted j whereby it ap- 
pears that if Tarqmnitui had been Apprehended, undonbtedly 
he fhould have been according to the publique Laws, corporally 
punifhed. 

The true caufes why Tarquinius wss depofed, were becanfe he 
altered the Cuftom, whereby the King was Obliged to Adrife 
with the Senate on ail weighty Aft*airs,that he made War & Peace 
according to his own fancy *, that he treated Confederacies with- 
out demanding Gounfel or Qonfent from the People or Senate *, 
that he violated the Laws whereof he was made Guardian^briefly 
that he made no reckoning to obferve the Contracts agreed be- 
tween the former Kings, and the Nobility and People of Rome: 
For the Roman Emperors, I am fure you remember the Sentence 
pronounced by the Senate againft Nero, wherein he was judged an 
Enemy to the Common-wealth, and his Body condemned to be 
ignominioufly caft on the Dung- hill : And that other pronounced 
againft Vitellwh which adjudge him to be flnmefully dif-mem- 
hred, and in that miferable eftate trayled through the City, and 
at Iaft put to death: Another ag2.'mft.Jlrfaximinius, who was defpoild 
of the Empire j and Maximns and Albinus Eftablifhed in his place 
by the Senate. There, might alfo be added many others drawn 
from unqueftionable Hiftorians. 

The Emperour Trajan held not himfelf exempt from Laws, 
neither defired he to be fpared if he became a Tyrant^for in deli-* 
vering the Sword unto the great Provoft of the Empire, he favs 
Bnto him \ If 1 command as I fhoidd, ufe this Sword for me : but if I 
- da itkerwaySf mflieatb it againft me. In like manner the French 
by the Authority of the States,and foliated thereunto by the Offi- 
cers of the Kingdom, depofed Childericl^ the firft, Sigisbert, 
Theodorkkj and Childerick^the third, for their Tyranies, and 
chofe others of another Family to fit on the Royal Throne. Yea, . 
they depofed fome becaufe of their Idlenefs and want of Judgment, 
who expofed the State in prey to Panders, Courtefants, Flatte- 
rers, andfuch other unworthy Mufhromes of the Court, who go- 
verned all things at their pleafure ; taking from fuch rnfh.JjWW* . 
tfce . Bt^dk of Government*, left the whole body of the State and 

People. 



(I4i) 

people fhould be confamed through their unadvi fed Felly '. 

Amon^ftorhers, Tkeedoret was Degraded becaufe of Ebtoiniii 
'Vagobert for Pltftude and Thibdnd his Pander, with fome others : 
the Eftatesefteeming the command of an effeminate Prince, asin- 
iupportable as that of a Woman, and as unwillingly fupporting 
the yoke of Tyranous Minifters managing affairs in the name of 
fc-loofe and unworthy Prince, as the burden of a Tyrant alone. 
To he brief, no more fuffering themfelves robe Governed by one 
•poiTi (Ted by a Devil, than they would by the Devil himfelf. It 
is not very long ilnce the Eltates compelM Levou the Eleventh (a 
Prince as fubtile-.and it may be as wilful as any) to receive Thirty 
lix Overfeers, by whofe advice he was bound to Govern the af- 
fairs of State. The descendants from CharUmaine fubftituted in 
the place of the Aferovingiens for the Government of theKing- 
dom,or thofe of Ctfp*f,fupplantingtheCW/fm**'/7j by order of the 
Eftates, and Raigning at'thisday* have no other nor better right 
£0 the Crown, than what we have formerly defcribed ^and it hath 
ever been according to Law permitted the whole body of the Peo- 
ple, reprefented fey the Counfelof the Kingdom, which are com- 
monly called the Aflembly of the States, to depofe and eftabli/h 
Princes* according to the neceflities of the Common wealth. Ac- 
cording to the fame rule we read xiizx. Adolph was removed from 
the Empire of Germany Anno 1296. becaufe for covetoufnefs with. Anno 1296. 
out any jnft occafion, he Invaded the Kingdom of France, in fa- 
vour of the EngUjh^iA Wencejlaus was alfodepofed in the year of 
our Lord 1400. Yet were not thefe Princes exceeding bad ones, H^©- 
but ofthenumberof thofe which are accounted lefs ill. Elizabeth F .- ,,^ 
the Wife of Edward the II,King of E«£/W,Aflembled the Par lia- Cap.7, ' *' ~~ 
jnentagainfl her Husband, who was there depofed, both becaufe 
fteTyramVd in general over his Subjects ; asalfo for thatheCut Read the 
off the Heads of many Noble Men, without any juit or legal pre- manner of 
(Deeding- It is not long lince Chrifturne loft the Crown of:^^ thede P°f^g 
nthrkj Henry that of Sweden, Mary Sf*a?*r^that.of Scotland-, for j£ fc^d 
the fame, cr near refembling occafions : And themoft worthy Ki- 
Ileries relate divers Alterations and Changes which have happen- 
ed^ like manner, in the Kingdoms of Polonidy Hnngarie, Spaing 
TcriHgal) Bohemia^ 'and others. 

But what fhall we fay of the Pope himfelf? It is generally held ^} *^*^ 
that the Cardinals, becaufe.they da£Iec~t him, orifrjiey fey I in f^'-mlj} i^Tr, 

their 



( i42 ) 



conjlL Paul, their duty> the Patriarchs which are next in rank to them, may 
de Caftro, vel upon ccr t 3 in occafions maugre the Pope, call a Council, yea, and 
"nclp'vlfo' 12 lnK judge him ', as when by fome notorious offence he fcandali- 
piuAo 7.eth the univerfal Church •, if he be i:icorrigibIe,if" reformation be 

as ncceflary in the head as the member if contrary to his Oath he 
refufe to call a general Council : And we read for certain, that 
Mar. louden/, divers Popes have been depofed by general Councils- i>ut if they 
im tra'ci. dc ' obilinatcly abufe their Authority, there muft (faith BMtu) firftf 
^-%Tl" ^ ^ e u *" ec * veiDa * Admonitions \ fecondly, herbal Medicaments or 
VeciJini'uc- Remedies •, thirdly? Stones or'Compulfion •, for where vertue and 
dam confiUo fair means have not Power to periwade, there force and terror 
cujus verba muft be put in ure to compel. Now if according ro the opinions of 
fuerunt. mo ft of the learned, by decrees of Councils, and by cuRom i 1 like 
int' f*n' occa *i° ns i lt plainly appears, that the Council any depofe thei- 
*hb. /.cap 6 Pope, who notwithilanding vaunts himfelf to be the King of 1 ' 
Bald.mcJtim. Kings, and as much in Dignity above the Em perour, as the Sun * 
cvl, penul. de is above the Moon, affuming to himfelf Power to depofe Kin§4 \ 
rejeri. in De- anc | Emperours when he pleafeth. Who will make any doubt or ' 
Bon?/.* de 3 u eition,that tn€ g e neral Afiembiy of che Eftates of any Kingdom^ 
major (^ oled. w ^° are ^ e reprefentative body thereof, may not only degrade 
* and difthronize a Tyrant; but alfo, even dif-authorize and depofe 
2 King, whofc weaknefs or folly, is hurtful or pernicious to the ri 
State. 

s , ., Bat let us fuppofe, that in this our Ship of State, the Pilot is 

drunk, the molt of his Afibciates are afleep, or after large and un- 
reafonabl tipling together? they regard their eminent danger in 
approaching a Rock, with idle and negligent jollity ; the Ship in 
the mean ieafon inftead of following her right courie, that mightf 
ferve for the belt advantage of the owners profit,is ready rather to 
fplither felf. What Ihould then a Matters- mate, or fome othei 
Wnder-officer do, who is vigilant and carefnl to perform his 
duty ? Shall it be thought fufficient for him to pinch or potrre 
them which are atleep, without daring in the mean time to put 
his helping hand to preferve the Vellel which runs on a courfe 
to deftruttion^leaft he mould be thought to intermeddle with thaif 
which he hath no Authority nor warrant to cjo ? What mad dif- 
cretion,n-y,rather notorious impiety were this ? Seeing then thai 
Tyranny,as PUto faith, is a drunken frenfle or frantick drunken 
Flati\Hb.% & j- jj- t fe p r ince endeavour to mine the Common- wealth, anc, 
9. dft&rt. ih| H! 



( 14? J 

the principal Officers concur with him in his bad purpofes, or sc 
the leaftarekildinadull and drowfie dream of fecurity, and the 
people (being indeed the true and abfolute Owner and Lord of the 
State) be through the pernicious negligence and fraudulent conni- 
vency of thofe Officers brought to the very brim of danger and de- 
duction, and that there be notwithffonding amongft thofe un- 
worthy Minifters of State, fomeone that doth ftudioufly obferve 
the deceitful and dangerous encroachments of tyranny , and from 
his foul dctcfts it- What oppofition do we fuppofe bell befits 
fuch a one to make againft it ? Shall he content himfelf to admo- 
nifh his aflbciates of their duty, who to their utmoft ability en- 
deavour the contrary ? Befides, that fuch anadvertifement is com- 
monly accompanied with too much danger, and the condition of 
the times confidered, the very foliating of reformation will be 
held as a capital crime: fo that in fo doing he may be not unfit- Simile^ 
$ referabled to one that being in the mid It of a defer t, environed 
with Thieves, fhould neglect all means of defence, and after he 
had call: away his Aims, in an eloquent and learned difcourfe 
:ommend juflice, and extol the worth and dignity of the Laws. 
This would be truly according to the Proverb, To rm tmd with 
^eafvn. What then ? Shall he be dull and deaf to the groans and 
nriesof the people ? Shall he Hand ftill and be filent when he fees 
;he Thieves enter ? Shall he only hold his hands in his bofome, L '3- & '- , 
Hid with a demure countenance, idlely bewail the miserable con- 2jJJ e 5- el, T f 
Jitionof the times? If the Laws worthily condemn a Soldier, D U <te reVi- 
Arhich for fear of the Enemies counterfeits ikknefs, becaufe in lo ut. 
Joing he exprefleth both difloyalty and treachery. What punifii- 
Ticnt can we invent fufficient for him, who either malicioufly or 
Defely betrays thofe whofe protection and defence he hath abfo- 
utely undertaken and ftvorn ? Nay rather than let fuch a one 
rfully cail one. and command the Marriners to the perform- 
irce of their duty : let him carefully and conftsmly take order that 
he Common wealth be noc indamaged, and if need fo require, 
:ven indefpightof the King^refervetheKingdon^without which 
:he kingly title were idle and frivolous, and if by no other means 
it cgn be effected, let him take the King and bind him hand and 
"oot, that fo he may be more conveniently cured of his frenfie and 
nadnefs. For as we have already faid, all the adrmniftration of 
he Kingdom, is not by the people abfolutely rcfigned into the 

h?nd'j. , 



( 144 ) 



Cirtb.igin. 
C<cneil.DoBt- 

ret Fon::fisii. 



t. 3. D- 4i 

adrnintjl. & 
ftric. tutor, 
fffcur. hlf. 3. 
D.de fuffeH. 
tut, €> 6ur\j. 



hands of the King ; as neither the Bilhopriek, nor care of the uni* 
verfal Chnrch, is.totally committed to the Pope : bat alfo to the, 
care and cuftody of all the principal Officers of the Kingdom. 
Now for the preferving of peace and concord amongft thofe which 
govern* and for the preventing ofjeaioufies, factions, and diftrufts 
amongft men of equal rank and dignity, the King was created 
prime and principal Superintendent in the government of the 
Common wealth- The King ("wears that his moft ipecial care 
frail be for the welfare of the Kingdom-, and the Officers of the 
Crown take all the fame Oath. If then the King? or divers of them 
falilfying their faith, ruinethe Common-weal -h, or abandon her 
in her greateflneceility, muftthe reft alfo trfhion themfelves to 
their bafecourfes, and quit all care of the Scares fattty ; asifthe- 
bad example of their companions, obfolved them from their oath 
of fidelity? Nay, rather on the contrary, in ieeing them neglect 
their promife, they fhall beft advantage the Common- wealth ia, 
carefully obferving theirs : chiefly becaufe for this reafon they were 
inftituted,as in the (leads of Epbori^ or publick Controlers, and for 
that every thing gains the better eftimation of juft a'nd right ia. 
that it is mainly and pricipally addreifed to that end for which 
it was Grit ordained. 

Furthermore, if divers have joyntly vowed one and the fame 
thing, is the obligation of the one annihilated by the perjury of 
the other ? If many become bound for one and the fame fu mm, 
can the bankrumpting of one of the Obligees quit the reft of their 
ingagement ? If divers Tutors adminifter ill the goodsof rhcir Pu- 
pil, and that there be one amongft them that makes confeience' 
of his actions, can the bad dealing of his companions acquit him ? 
Nay rather on the contrary, he cannot free himfelf from the in* 
famyof perjury, if to theutmoft of his power he do not truly 
difebarge his truft,and perform his promife tneither can the othefa& 
defalliancy beexeufed, in the bad managingof the tutorfhip, if 
they 1 ike wife accufe not the reft that werejoyned with them in 
theadminiftration, for it is not on!/ the principal Tutor that 
may call to an account thofe which are fufpected to have unjuft- 
ly or indifcreetly ordered the Affairs of their Pupil, rue even 
thofe which were formerly removed, may alfo upon juft occafi- 
on dikhargeand remove the delinquents therein. Therefore thofe 
which are obliged to ferve a whole Empire and Kingdom, as the 

Confhble, 



( 1*45 > 

Conftable, Marfh. Is, Peers and others, or thofe which have par- 
ticular obligation? to fome Provinces or Cities, which make a 
part or portion of the Kingdom, as Dukes, MarquiiTes, Earls, 
Sheriffs, Mayors and the reft, are bound by the duty of their 
place, tofuccourthe Common-wealth, and to free it from the 

I burden ot Tyrants, according to the rank and place which they 
hold of the People next after the King. The firft ought to deliver 
the whele Kingdom from tyrannous OppreiTion 5 the other as Tu- 
tors, that pirt of the Kingdom whofe Protection they have un- 
dertaken ; the duty of the former is to fupprcGs the Tyrant, that 
of the latter, to drive him from their confines. Wherefore Mat- 
tathias being a principal man in the State, when fome bafely 
connived, others perritioufly conforted with Antiathiis the ty- 
rannous Oppreffbr of the Jew:]b Kingdom, he couragioufly op- 
pofing the manifeft OppreiTion both of Church and State, in- 

u courageth the People to the taking of Arms, rrith thefe words? l M^hafc, 3« 
Let us refiore the decayed Eft-ate of our People, and let hi fight for V" 
our People, and forth Srf##tfrfry.Whereby it plainly appears, tJ1.1t 
rot for Religion only, but even for our Cour.trey, and our pof- 
feflions, we may fight and take Arms againft a Tyrant, as this 
jititiochusvtas. For the Machabite s are not by any questioned, 
or reprehended for conquering the Kingdom, and expel-iug the 
Tyrant, but in that they attributed to themfelves the Royal Dig- 
nity, which only belonged by God's fpecial appointment, to the 
Tribe of Judah. 

Humane Hiftories are frequently ftored with Examples of thfs „ f 

kinds Arbafbut Governour of the Medes, killed efteminare S* r "'fjj^*-/4 \ 
danapalus, fpinning amongft Women, and fportingiy diftributing ca p t 3 -/ ' 
all the treafures of the Kingdom amongft thoTe his loofe Com- 
panions. Vitidex and Galba quit the party of Ncro^zz though r 

-Senate connived, and in a fort fupported his Tyranny, and drew 
with them Gallia and Spain, being the Provinces whereof they 
were Governours. 

But amongft all, the Decree of the Senate of Sparta is moll: no- 
table, and ought to pafs as an undeniable Maxim amongft all 
Nations. The Spartans being Lords of the City Biz.*ntium-, fent 
Okarchui thither for Governour and Commsncler for the Wars \ 
who took Corn from the Citizens, and diftributed it to his Soi- 
dkrs.Inthe mean time the Families of the Citizens died for hun- 

U gcr, 



( M* ) 
ger; j4n4x'd*us a principal man of the City, difdairiing-t&at 
tyrsncns ufi;ge, entred into treaty v,\ih AlcibUdcs to deliver 
' up the Town : who fhorcly, after was received into it. Anuxi- 
lads being acciifed at Spurt* for the dilivery of Biz^antium^ leaded 
his caufe himfelf, and was there acquit by the Judges ; for (faid 
they) Wars are to be made with Enemies, rnd not with Nature. 
Nothing being more repugnant to Nature, than thatthofe which 
sre bound to defend a City, ihonld be more cruel to the Inhabi- 
tants, £&an their Enemies that befiege them- 

This was the opinion of the Lacedemonians, certainly juft Ru- 
lers, neither can he be accounted a juft King, which approves 
not this femence of Abfolution j for thofe which delire to go- 
vern according to the due proportion of Equity and Realon,take 
into cnfideration,as well what the Law inflicts on Tyrants, as al- 
fo,whatare the proper rights and bounds, both of the Patritian 
and Plebeian orders. But we mult yet proceed a little further : 
There is not fo mean a Mariner,but mult be ready to prevent the 
lhipwrackof the Vefltl, when either the negligence or wilful- 
nefs of the Pilot calls it into danger. Every Magistrate is bound 
to relieve, and as much as in him lies, to redrefs the miferies of 
the Common-wealth, if he mail fee the Prince, or the principal 
Officers of State his aflbciates, by their weaknefs or wkkednefs, 
to hazard the mine thereof} briefly, he muft either free the 
whole Kingdom, cratleaft that portion, efpecially recommen- 
ded to" his care, from their imminent and incroaching Tyranny. 
But hath this duty proper relation to every one ? Shall it be pler- 
mitted to Hendomm S>ibir.ns, to EnnuiStiratais, or to the Fencer 
Spartanus ; or to be brief> to a meer private Perfon to prefent 
the bonnet to flaves» put Arms into the hands of fubjects, or to 
joyn battle with the Prince, although he opprefs the People witr^ 
Tyranny? No certainly, the Common-wealth was not given" 
in charge to particular Perfons, confidercd one by one; but on the 
contrary,particulars even as Papifls, are recommended to the care 
of the principal Officers and Magiitrates-, and therefore they aie 
' not bound-to defend tfie Common wealth, which cannot defend 
t. 2. de Sedi- themfelves. God nor the People have not put the fword into the 
*">/*'• hands of particular Perfons-, therefore, if without Comm ; d- 

ment they draw the Sword, they are feditious, although the caufe 
kern never fo juft. 

Further- 



f .147) 

Furthermore? the Prince is not eftablifht by private and parti- 
cular Perfbns, bur by all in general confidercd in one in tire bo- 
dy; whereupon it follows, that they are bound to attend the 
commandment of c-.ll,' to wit, of thote which are the representa- 
tive body of a Kingdom, or of a Province, or of a City, or at the 
leaftof fome one ot them, before chey undertake any tiling agiinft 
the Prince. For as a Pupil cannot bring an action, but being a- Li g./. £>.,£•. 
vowed in the name of his Tutor, although the Pupil he iadeed au&o. 6" con/. 
the true Proprietor of the Eftate, and the Tutor only bvpjrier tut.& cur. 
with reference to the charge committed unto him ; !o likeuufe 
the People may not enterprife actions offuch nature, but by f^c 
command of thofe, into whofe hands they have reiigne- ci^ir 
power and Authority, whether ihdy be ordinary Magistrates, or 
extraordinary, created in the Aflembly.of the Eilatcs ; hohx, if 
I may fo fay. for that purpofe, they have girded with their Sword, 
and invefted with Authority, both to Govern and Defend therm s e tuealib i d* 
Eftablifnt in the fame kind as the Pretor at R<wte<, who determi- geftf^c- 
ned all differences between Mifters and their Servants* to the end 
that if any Controverfie happened between the King and the Sub- 
jects, they fhould be Judges and prefervers of the Right, left thy 
Subjects mould aflame power to themfeives to be Judges in their 
own Oaufes. And therefore if they were oppreft with Tributes, & 
unreafomble Impofts •, if any thing were attempted contrary to 
C3venant and Oath,and no Magiftrate oppofed thofe unjulf. pro- 
ceedings-, they raiift reft: quiet, and fuppofe that many times the 
beftPhyfitions, bo:hto prevent and cure fome grievous Difeafe, 
do appoint both letting BIood,evacuation of Humors.and lancing 
oftheFlefh •, and that the Affairs of this World are ofth:t nature, 
th3t with much difficulty* one Evil cannot be remedied with- 
out the adventiningiif not the fufFering of another ; nor any Good 
.be achieved, without great pains. They have the example of the 
Peopie of Jfrael, who during the Reign of Solomon, refnfed not 
to pay thofe exceiTive Taxes impofed on therm both for the build- 
ins of the Temple, and fortifying of the Kingdom* becaufeby a 
general Confent they were granted for the promulgation of the 
Glory ot God, and for an Ornament and Defence of the publick 

State. 

They have alfo the example of onr Lord and Saviour Jefus 
Chriit> who though he were King of King? > notwithstanding 

U 2 becaufe 



becaufehe converfed in this World in another quality, to wit, of 
s private and particular man, paid willingly, tribute. If theMa- 
giftrates themfelves manifcftly favour the Tyranny, or at the 

Job. 54.. ♦ Jeaft do not formally oppofe it ; let private men remember the 
N faying of Job, J'h-U for the Sins of the People God permits Hy- 
pocrites to Reigny whom it is impoffible either to Convert or Sub* 
vert, if men repent not of their ways, to walk in Obedience to 
Gods Command mentsjfo that there is no other Weapons to be u- 
fed, but bended Knees and humble Hearts. Briefly, let them bear 
with bad Princes, and pray for better, perfwading themfelves, 
that an outraglcus Tyrany is to be fnpported as patiently, as 
Come exceeding darnmage done by the violence of Tempefts, 
or fome exceffive over-flowing Waters, or fomefuch natural ac- 
cidents unto the Fruits of the Earth, if they like not better to 
change their Habitations, by retiring themfelves into fome o- 
ther Countries. So David fled into- the Mountain?, and at- 
tempted nothing againfl: the Tyrant Saul) becaufe the People 
bad not declared him any publick Magiftrate of the King- 
dom. 

Jefus-Chrift, whofe Kingdom was not of this World, fled into 
Egypt, and fo freed himfelf from the Paws ofthe Tyrant. Saint 

Rsntj?,. paid teaching of the duty of particular Chriflian men, and not 
of Magiftrates, teacheth that Nero mufl be obeyed. But ifall 
the principal Officers of State, or divers of them, or but one* 
endeavour tofupprefs amanifeft Tyranny, or if a Migiftrate. 
feek to free that Province, or Portion of the Kingdom from op- 
preflion, which is committed to his Care and Cuftody, provided 
under colour of freedom he bring not in a new Tyrany, then 
muft all men with joynt courage and alacrity, run to Arms, and 
take part with him or them, and aflifl: with Body and Goods,as 
H God himfelf from Heaven had proclaimed Wars, and meant to- • 
joyn Battle agsinft Tyrants,and by all ways and means endeavour 
to deliver their Countrey and Common-wealth from their Ty- 
ranous Opprefllon' For as God doth oftentimes chaflife a Peo- 
ple by the cruelty of Tyrants ; foalfo doth he many times punifli 
Tyrants by the Hands of the People, it being a moft true faying, 

j£cclu». 10, / verified in all Ages : For the Iniquities, Violences, andWicktdnefs .. 
of Princes, Kingdoms are Tr an flat ed from one Nation, to another } but 
Tyranny was never of any dnrahle. continnance. 

The 



( M9 ) 

The Cent urUns and men at Arms did freely and couragioufly 
execute the commandments of the High Prieft Jeboiada ; in fuppr ef- 
fing the Tyranny of Athjlia.lnl'ike manner ail the faithful and ge- 
nerous lfradius took part and joy ned with the Afachabites, as 
well to re eftahlifh the true fervice of God, as alfo to free and de* 
liver the State from the wicked and unjuft oppreflion of Antiocbm^ 
and God blefTed with happy fuccefs their juft and commendable 
enterprize. What then? cannot God when he pleafeth ftir up 
particular and private Perfons,to ruine a mighty and powerful ty- 
ranny ? He that gives power and ability to fome even out of the 
duft, without any tftleorcolourablepretextoflawfulathority to 
rife to the height of Rule and Dominion, and in it Tyrannize and 
affliftthe People for their Tranfgreflions ? Cannot he alfo even 
from the meaneft multitude raife a Liberator ? He which enthral'd 
and fubjetted the People of Jfrael to Jabiu^ and toEglon, did he 
not deliver and enfranchise them by the hand olEhub, Barac and 
Dcbora, whilft the Magiftates and Officers were dead in a dull and 
negligent extafie of fecurity ? What thenfhal! hinder ? You may 
lay the fame God, who in thefe days fends us Tyrants to correct 
us,that he may not alfo extraordinarily, fend correctors of Tyrants 
to deliver us ? What if Akab cut offgood men, ifjez.«bel fubborn 
falfe witnefles againft Naboth, may not a Jehu be rais'd to exter- 
minate the whole line of Ahab,to revenge the death of Naboth^nd 
tc cafi the body 0/ JeZabel to be- torn and devoured of dogs ? Certain-' 
ly as I have formerly anfwered, the Almighty is ever mindful of 
his Juftice, and maintains it as inviolably as his mercy. 

But for as much as in thefe latter times, thofe miraculous tefti^ 
monies by which God was wont to confirm the extraordinary 
vocation of thofe famous Worthies,arenow wanting for the molt 
part : let the People bead vis'd, that in feeking to crofs the Sea dry 
foot, they take not fome fmpejfor for their Guide,thatmay lead 
them head long to deftruction (as we may read happened to the 
Jews *, and that in feeking freedom from Tyranny, he that was 
the principal Inftrumentto dif-inthrall them, became not him- 
lelf a more infupportable Tyrant than the former: Brieflyjleft en-* 
deavouring to advantage the Common-wealth, they introduce* 
not a common mifery upon all the undertakers, participating 
therein with divers States o£ Italy, who feeking to fupprefs the ^ 
prefentevil, added ajn acceflion of greater and more intolerable 
lervitude. FiaaUy^- 



0<)0) 

Finally, that we mr; co.<: to [ome period of this third que (li- 
on •, Princes are chofen by God, and cftablifht by the People; 
as all particulars considered one by one,are inferiour to thePrincc* 
fothc whole body of the People and Officers of Scste 3 which reprc- 
fent that Body,, arc the Princes Snperiours. In the receiving and 
inaugural ion of a Prince, there are Covenants and Contracts paC 
fcd between him and the People, which are tacite and exprefi^d' na- 
tural or civil j to wit* to obey him faithfully whijft he commands 
>uftly,that he lerving the Common- wealth,al! men (ball ferve him, 
thatwhilfl; he Governs according to Law, alllhall be fubmitted 
to his Government, ore The Officers of the Kingdom are the 
Quardians and Protectors of thefe Covenants and Contracts. He 
thatmsliciouflyor willfully violates thefe conditions,isoueftion- 
lefs a Tyrant by pradice. And therefore the Officers of State may 
Judge him according to the Laws; And if hefupport his Tyrany 
by ftrong hands, their Duty binds them, when by no other 
means it can be effected, by Force of Arms to fupprefs him. 

Of thefe Officers there be two kinds, thofe which have'genc- 
rally undertaken the protection of the Kingdom ; as the Conlla- 
ble, Marflials, Peers, Palatines, and the reir,every one of which 
although all the reft do either connive or confort with the Tyra- 
ny , are bound to oppofe and reprefs the Tyrant ; and thofe which 
have undertaken the Government of any Province, City, or put 
of the Kingdom, as Bukes, Marquefles, Earls, Confuls, Ma- 
yors, Sheriffs, ore. they may according to Right, expel and d rive 
Tyrany and Tyrants from their Chksy Confines, and Govern- 
ments. 

But particular and private Perfons may not unfheath the Sword 
againft Tyrants by practife, becaufe they were not eftabliffit by 
particulars, but by tie whole body of the People. But for Tyrants 
which without Title intrude themfelves for fo much as there is no 
contractor agreement between them and the People, k is indif- 
ferently permitted all to oppofe and depofe them ^ and in this rank 
of Tyrants may thofe bcrang'd, who abufingthe weaknefs and 
floathofa lawful Prince, Tyranioufly infult over his Subjects. 
Thus much for this, to which for a more full refolution maybe 
added that which hath been formerly difcourfed in the fecond 
queftion. 

The 



( i5* ) 

The Fourth QuefHon. 

Wbtthcr Neighbour Princes may, or are Pound r oy La'vto aid 
the Subjects of other Princes, perftcuted for true Religion^ 
orOpprtffedby m An if eft Tyranny. 

WE have yet one other queftion to treat of, in the difcuf- 
fing whereof, therein more ufe of an equitable judg- 
ment than ofa nimble Apprehenfiorr,and if charity were but in a- 
ny reafonable- proportion prevalent amonglt the men of this age, 
the difputation thereof was altogether frivolous ; but feeing no- 
thing in thefe days is more rare, nor lefs elteemed than Charity ; 
we will fpeak fomewhat of vhis our Queition. We have already 
fufficienfly proved, That all Tyrants, Whether thefe that feeh to 
captivate the Minds and Souls of the People with an erroneous and 
fupcrftitious Opinion in ir.fi.iter cf Religion? Or, thefe that would 
enthrall their Bodies and Eft titer \xith tmferakle Servitude and excef- 
frje Impofitions, may juflly by the People, be bbth fupprift and est* 
pulft ? But for fo much as Tyrants are for the moft part fo cun- 
ning, and Subjects feldom focantelous, that the difeafe is hardly 
known, or at the leafb, not carefully obferved before the Remedy- 
prove almoft defperate, nor think of their own defence before 
they are brought tothofe ftraights, that they are unable to defend 
themfelves,but compell'd to implore the aflhts nee of others : Our 
3emand therefore is, if Chr iftisn Princes la*\ fully may, and ought 
to fuccour thofe Subjects which are afflicted for true Religion, or 
oppreft by unjuft Servitude, and whole fufFering c , are either for 
the Kingdom of Chriil, or fonthe liberty of their own State? 
There are many, which hoping to advance their own ends, and 
encroach on others Rights, that will readily embrace the part of 
the afflicted, and proclaim the lawfulnefsof it •, but the hope of 
gain, is the certain and only aim of their purpofes : And in this 
manner the Romans, Alexander the great>and divers others,preten- 
ding to fupprefs Tyrants, have oftentimes enlarged their own li- 
mits. It is not long fince we faw King Henry the Se6ond make 
Wars on theEmperour Charles the Fifth, under colour of defen- 
ding 2nd delivering the Proteftant Princes. As alfo Henry the 

Eighth 



( I$2 ) 

Eighth. King of England was in like manner ready to affifl: the Ger* 
mun%, if the Emperour Charles mould moleft them. But if there 
be fome appearance of danger j and little expectance of profit, 
then it is that moft Princes do vehemently difpute the lawfulnefs 
of the action. And as the former cover their .ambition apd ava- 
rice, with the vail of charity and piety , fo on the contrary do the 
orher call their fear and cowardly bafenefs integrity and juftice 5 
although that piety (which is ever careful of anothers goodjhave 
no pact in the counfelsqfthefirftjnor juftice ( which affectionately 
defires the eafing of a neighbours grief) in cooling the charitable 
Intendments of the later. Therefore without leaning either to the 
one fide or the other, let us follow thofe rules which Piety and -Ju- 
ftice trace usout in matter of Religion. 

Firft, All accord in this, Tto there is one only Church, whereof 
Jefus Chrifi is the Head, the Members whereof are fo Vnited and 
Conjoyned together, that if the leaf of them be offended or wronged, 
they all participate both in the harm and forrow, 'as tkroughcut 
holy Scripture plainly appears. Wherefore the Church is com- 
pared to a Body ^ now it oftentimes happens, that the Body is not 
only overthrown by a wound.in the Arm or Thigh, but even alfo 
much endangered, yea, fometimes kilPd by a fmall hurt in the 
little Finger. Vainly therefore doth any man vaunt that this Body 
is recommended to his care and cuftody,if he fuffer that to be did 
membred & pull'din pieces which he might have preferved whole 
aud intire. The Church is compared to an edifice: on which fide 
ibever the building is undermin'd, it many times chances that the 
whole tumblesdown,and on what Rafter or piece of Timber foe- 
ver the flame takes hold, it endangers the whole houfe of burnings 
he muft needs be therefore worthy of fcorn, who mould defer to 
quench the fire which had caught his Houfe top, becaufe he dwells 
moft in the Cellar ; would not all hold him for a mad man which 
fhould neglect by countermining to Fruftrate a Mine, becaufe it was 
intended to overthrow that wall there, and not this here. 

Again, the Church is refembled to a Ship, which as it failes 
together, fo doth it fink together \ infomuch that in a Tempeft, 
thofe which be in the fore-caftle, or in the keel, are no more fe- 
cure than thofe which remain at the ftern or on the deck ; fo that 
the Proverb commonly fays, When men run the like hazard in 
matter of danger, That they venture both in one Bottom. This 

being 



(M5) 

being granted queftionkfs, whofoever hath not a felio'tf-feeHrgin 
commiferating the trouble,d'.nger,and d ftrefs of theChurch>»s no 
member of that body, nor dome-ftkk in the family of JefusChiilt, 
noifyiath anv place in the 4 rl^of the Ccvenart ofGrace.Hc w* hath 
any fence of Religion in his heart,ought no more to doubt whether 
be be oblig'd to aid the afflicted members of the Church, than he 
would beaffiftingto himielf in the like diftrefs; for the Union of 
the Church unites us all into one body, and therefore everyone 
in hiscalling mull; b: ready to afllft the needy, and fo much the 
more, willingly* by how much the Almighty hatbbeltowed a grea- 
ter Portion of his blc flings onus, which were not conferr'd than 
we mould be rsade pofRflbrs of them, but that we mould be dif- 
penfers thereof according to the ncceffity of his Saints. 

As this Ohurch is one, fo is Ihe recommended* and given in 
charge to all Chrifti-n Princes in general, and to every one of 
them in particular , for fo much as it was dangerous to leave the 
care to one alone, and the Unity of it would not by any means 
per .nit, that fhefhoutdbedi/ided into pieces, and every portion 
affign'd unto one particular ; God hath committed it all intire to 
particulars, and all the parts of it to all in general, not only to 
preferve and defend it>but alfo to amplifie nd increafe it as much 
as might be- Infomuch that if a Prince which hath undertaken the 
care ofa Portion of the Church, as that of Qcrn&ny and England, 
and notwithstanding, neglect and forfake another part that isop- 
prefleot, and which he might fuccour, hedoub:le(s abandons the 
Church, Chrift having but one only Spoufe, which the Prince is 
fo bound to preferve & dcfend-,that fhe be not violated or corrup- 
ted in any part,if it be poffiblc- And in the fame manner, ss every 
private Perfon is bound, by his humbleand ardent Prayers to God, 
to defire the reftoring of the Church ; fo likewife, are the Magi- 
strates tied diligently to procure the faroe,with the utmoft of their 
power and means which God hath put into their hands. For the 
Church ofEphcfus is no other than that of Cohffus, but thefe two 
are portions of the univerfal Church, which is the Kingdom of 
Chiift, theencreafeand profperity whereof ought to be the con- 
tinual fubject of all private mens Prayers and defires , but it is the 
duty of all Kings, Princes and Magiftrates, not only to araplifie 
and extend the limits and bounds of the Church in all places - 9 but 
only to preferve and defend it againft all men whatfoever.Where- 

X fore 



fore there was'but one Temple injudea built by 5^/o^^^,which re- 
presented the unity of the Church •, and therefore ridiculous and 
worthy of punifhmenr. was that Church-warden, which had care 
only of fome fmall part of the Church,and Offered all the reft to 
bcfpoiled with Rain and Weather. In like manner, all Chriftian 
Kings when they receive the fword on the day of their Coronati- -, 
on ; iolemnly fwear to maintain the Catfoplick or Univerfal 
Church, and the Ceremony then ufed dorh fully exprefs k, for 
holding the Sword in their hands, they turn to the E)ft, Weft, 
North and South, and brandifh it, to the end that it may be 
known that no part of the World is excepted. As by thir ceremo- 
ny they aifume the Protection of the Church, it muft be queftion- 
iefs underftood ofthe true Church, and not of the falfe \ therefore 
ought they to employ the utmoft of their Ability to reform, and 
wholly to rcftore that which they hold to be the pure and truely 
Chriftian Church, to wit, ordered and governed according to the • 
diieetionof the Word of God. That this was the praclife of god- 
ly Princes, toe have their examples to inftruct us. 'In the time of 
•£_Qiron> 30. Ez.'ch:M¥ih)u, of jW.v^theKifigdcm of Ifraei'had been a long time 
before infubjection to the Aj}yrixn%,to wit,ever ilnce the KingO/W* 
his time ; and thereforeif the Church of Judah only, and not the 
whole univerfal Church had been committed to the Cuftody of 
Eaeckias'i and if in the prefervation of the Churcb,the famecourie 
were to be heldi as in the dividing of lands, and impoflngof tri- 
bute:-, then quefrionable Lz.ektis would ftave contained himfeif 

• within his own limits, especially then when the exorbitant Power 

of the Ajfyrtans lorded it every where. Now we read thathefent 
exprefs Mefiengers throughout IfrasU to wit* to the fubjects of the 
K:ng.6f jijfjr'** to invite them to come to Jcrufalem to celebrate 
thePafchalFeaft; yea, and he aided the faithful lfraelites of the 
tribes of Ephraimxmd Manajfss> and others the fubjecls olthe Af- 
fyri<ws\ to ruine the high places which were in their quarters. 
2 Kins* 22 W g rea ^ a |{- 0? t hat the good King Jojias expcll'd Idolatry, not . 

: ro0, ' 34, only ont of his own Kingdom, but alfo, even out of the Kingdom 
of Jfrael^ which was then wholly in fubjeftion to the King of Ajfy- 
rici, and no marvel, for where the glory of God? and the Kingdom 
of Chrift are in queftion, there no bounds or limits can confine 
the zeal and fervent affection or pious and godly Princes. Though 
Ehe oppofition be'great 3 and the power of the oppofers greater ,yet 

the 



& 



-> ■•• 



r '55 ) 

the more they fear God. the fops they will fear men. Thefe gene- 
rous examples of divers godly Princes, have fmce been imitated by 
fundry Chriitian Kings, by whofe means the Church (which was 
heretofore restrained within the narrow limits of Paleftine) hath 
been fince dilated throughout the univeriai World. Conftamine & — 
Licinim governed the Empire together, theoBe in the Or?ent,the 
other in the Occident, they were AiTociar.es of equal Power and . 
Authority. And amongfi Equals, as the Proverb is, There ts no^j^''^ 
Command. Notwithftanding, becaufe Licinim doth every where p C ium. 
banifh, torment, and put to Death the Chriitians, and among!! 
them divers of the Nobility, and that for aad under pretence of 
Religion. Confiantine makes W;r againft him, and by torce com- 
pels him to give free liberty of Religion to the Chriftians } and 
becaufe he broke his faith > and relapfed into his former cruelcies, 
he caufed him to be apprehended and put to death in the City of 
Thejjalonica. This Em perours Piety was with fo great an applaufe 
celebrated by the Divines of thofe times, that they fuppofe that 
faying ia the Prophet IftUhj.o be meant by him *, Thn x ings foall 
he Payors andnurfwg Fathers of 'the Church. After his death,the Ro- 
man Empire was divided equally between his Sons, without ad- 
vantaging the one more than the other, Conftans favoured the or* ^ 
thodox Chri&tens .Con ft ant ius being the elder,leaned to the Arri: 
ans, and for that caufe banifhed the learned Athanafius ftomAIex* 
andria-, the greateft profeffed adverfary of the Arrims. Certainly, 
if anyconfiderationin matter of confines be abfolutefy requifite, 
it muft needs be a mongft brethren -, aad notwithllanding Conftanf 
threatens to war on his Brother if he reftore not Ath • mafias, 
and had without doubt performed it, if the other had long defer- 
red the accomplilbment of his deflre. And if he proceeded fo far 
for the reflitution of one B1fhop,had it not been much more likely 
i and reafonable for him, to have afhfted a good part of the peoplet 
if they implored his aid againft the tyranny of thofe that refufed 
them the exercife of their Religion, under the Authority of their 
M^giftrates and Governours ? So at the perfwafion of Aniens the $ ? ^ ? . 
Biftiop, TheodifiHs made War on Cofroes King oiPerfia, to deliver cap, n8. ' 
the Chriitians of his Kingdom from Perfecution, although they 
were but particular and private Perfons -, which certainly thole 
moft juft Princes, whoinltituted fomany worthy Laws, and had 
fo great and fpecial care of juftice,would not hare done, if by that 

X 2 fa& 



C i*6 > 

fact they had fuppofed anything were ufurpt on another man? 
right, or the Law of Nations violated. But to what end were fo 
nv-my Expeditions undertaken by Chriftian Piinces into the holy 
s Land againft the Saracens ? Wherefore were demanded andraifed 
io many of thofe Satedine tenths ? To what purpofe w^re fo many 
confederacies made^and croyfadoes proclaimed againft the Turks, 
if it were not lawful for Chriftian Princes, yea, thofe furtheft re- 
more, to deliver theChurch of God from the oppreflion of tyrants, 
and io free capiive Chriftians from under the yoke of bondage ? 
What were the motives that ted them to thofe Wars.'' What were 
thereafons that urged them to undergo thoie dangers? Bat only 
in regard of the Churches union, Chrift luramon'd every man from 
ail parts with a unanimous confencto undertake the defence there- 
of? For all men are bound to repulfe common dangers with a joynt 
and common oppolrion, all which have a natural confent and re- 
lation with this we now treat of. If this were lawful for them a- 
giiMt M '-.hornet, and not only lawful, but that the backward and 
negligent were ever made liable to all infamous con tempt,and the 
forward and ready undertakers always recompeneed with all ho- 
nourable refpect and reward according to the merit of their ver- 
ities y wherefore not now againft the Enemy of Chrift & his Saints ?• 
If it be a lawful War to fight againft the Greeks (that I may ufe 
that Phrafe) when they afTail our Troy ; Wherefore is it unlawful 
t.opuriue and prevent that incendiary Stnen} Finally, if it have 
been efteemed an heroiacalact to deliver Chriftlms from corporal 
fervkude, (for the Turks enforce none in point of Religion) is ic 
rota thing yet much more noble to infranchife and fet at liberty 
i^Blsimprifoaed in themifts of Error. 

Thefe examples of fo many religious Princes, might well have 
the directive power of Law. But let us hear what God bimfelf 
pronounces in many places of his Word by the mouth of his Pro- 
phets, againft thofe which advance not the building up of hrs 
Hfctnft. -?2. Church, or which make noreckoning of her afflictions. The Ga. 
•;.ih ; , 4,1-2. dites. t i\\z Reubenitesy and half tribe of Manaffes defire of Aiofes^ 
Ckut. 5. 20. that he would allot them their portion on the other fide of Jordan. 
Mofa grants their requeft, but with this provifo and condition, 
that they feourd not only aflift their other Brethren thtJ/raeiius 
t&conquer the land of Canaan^ymi alfothat they ihould msrch the? 
%&>& ferye as vauntg.uard to the r.eft,becaufe they had their por- 
tions 



dons fir ft fet them forth, and if they fail to perform this Duty, 
he with an Anathema.>de(Unes ihem todeftruction, and compares 
them to thofe which were adjudged Rebels at Cadisbarnea. And 
what, fays he, your Brethren fhall fight* and you in the mean 
feafon reft quite at home ? Nay, on the contrary^you alfo fliall pafs 
Jordan find not return into their Houfes,before firft the Lord have 
driven his Enemies our from before his Face? and granted place 
to your Brethren as well as you, then fhall you be innocent before 
the Lord and his People Ifrael. Hefhewsby this,that thofe which 
God firft blefleth with fo great a benefit, if they help not their Bre- 
thren, if they make not themfelves fharers in their labours* com- 
panions in their travels, and leaders in their dangers, they mult 
qoeftionleis expect a heavy punifhment to fall upon them- 

Likewife when under the conduct of Debora y i\\e Niphtalttes & Judges 5. 
JSabdonites took Arms againft the Tyrant Jabin ; and that in the 
mean feafon the Reubenites, which fhould have been firft in the 
Field , took their eafe and played on their Pipes, whilft their flocks 
and herds fed at liberty ; the Gadites held themfelves fecured wi h 
the rampire of the River ; the Dmites gloried in their command at 
S*a •, and Ajhttr, to be brief, was confident in the difficult accefs 
of their Mountains : The Spirit of the Lord [peaking by the Pro- 
p-hetefs, doth in exprefs terms condemn them all •, Curfe ye Me- Judge* 5. 23. 
ros (faid the Angel of the Lord) cttrfe ye bitterly the Inhabitants 
thereof \ becaufe they came not to the hcep of the Lord, to the help of the 
Lord againft the Mighty. ButbUffed above Women ft) all J'ael the Wife 
<?/ Haber the Kcnice be; who though fire might have alledged the al- 
liance which her Husband had with the Canaanitrs, did notwith* 
Handing kill Sifira the Genera 1'of the Enemies Army. And there- 
foreVriih fpeak Religiouiiy,andlikea true Fatrisrfowhen he faid J 
The Atkjofthe Lord,and Ifraer,**</Judah abide 'in Tents^.ndmjLord 2 Sam, 1 i.ir, 
Joab,andtbe Servants of my Lor (tare encamped in the open feldsifhjfr 
1 then go into mine Hotifefo eat and to drinks a id to lie with my vcife? 
&* thou live ft, and as thy foul liveth-, I will nor do this thins. But On 
the contrary, impious and wicked werethePiincesof Ifrael, who 
fuppofing themfelves fecured by tbecraggy mountains viSamai ia y 
and ftrong fortification of Sion, took liberty to loofe themfelves 
in luxurious feafts, loofe delights, drinking delicious wines, and 
fleeping in perfumed beds of Ivory, defpifingin the mean feafon Amos & 
poor Jefoph-jiQ wk,the Lords flock tormented andmiftrably -vext- 

an 



■-£> 



(-5S) 

on all fides, nor have any companion on their affliction. The Lord 

Cod hath Jwoyn by hin.ftlf^nih the LordCodof Hojls^l abhor the c.x- 
ct/leficy of jacobytvd bate his Pallaces , therefore wiH J dclivir uj tk* 
City, with all that is therein^ and thofe that wallow t km in fie. < fares , 
Jljaffbe the fir (i that pall go intoCapuvtty. Wickedly therefore did 
3. & 1 ?. thofe Eyhraimncs, who in ftead of congratulating and applauding 
the famous and notable Victories of Gideon and Jtpta, did envie 
and traduce them, whom notwithftanding they had for fa ken in 
dangers. 

As much may be faid of the Jfraelites^ who feeing David over- 

2 Sam. < 2. come tne difficulcy of his Affairs, ar.d remain a peaceable King, 
Sam. 20. 1 . f av aloud ,W* «re thy ft ft and thy bones: And fome years af ter,feeing 
' him imbroil'd again in troubles, cryed out,W> have no part in Da- 
vid^eitber have we inheritance in the Sen c/Jefle- Let US rank alfb 
withthefe,all thofeC/?r//r/^5inname cnly,which will communicate 
at the holy Table,and yetrefufeto take the Cup of Affliction with 
their Brethren, which look for Salvaion in the Church, and care 
not for the fafety and prefervation of the Church, & the Members 
thereof. Briefly, which adore one and the fame God the Father, 
acknowledge and avow themfelves of the lame houfhold of 
Faith,a.nd profefs to be one and the fame body in Jefus Chrift, and 
notwithftanding, yield no fuccour nor afllftance to their Saviour, 

Nuirb - afflicted in his Mcmters. What Vengeance do you think will 
u .32. Go ^ inflict on fuch Impiety ?. Mofes compares thofe which aban- 
don their Brethren to the Rebels of Cade(l} : bamea : Now none of 
thofe by the decree of the Almighty, entred into the Land of Ca- 
naan. Let not thofe thf n pretend any Intereft in the Heavenly 
Canaan, which will not fuccour Chrift when he is Crucified, and 
fuffering a thoufand times a day in his Members ; and as it were 
beging their Alms from door to dcor. The Son of God with his 
own Mouth condems them to everlafting Fire , that when he was 
hungryigave him no Meat; when he was thirfty,gave him no Drink; 
when he was a Stranger,lodged him not;nakcd>and Cloathed him 
not •, fick, and in prifon, and Vifited him not; And therefore let 
thofe expect punifhments without end, which lend a deaf Ear* 
to the Complaints and Groans of our Saviour Jefus Chrift, fuffe- 
ring all thefe things daily in his Members ^ although otherwile 
they may appear both to others and themfelves, to be Jolly Chri- 
stians, yet fhall their condition be much more miierable than that 

of 



( *59) 

of many infidels. For why ? were they the Jews onIy,and Scribes 
and Pharifees, to fpe3k properly, that Crncified Chrift ? or were 
they Ethnicks> Turks-,or rome certain pernitious Seels of Chrifti- 
ans,which Crucifie, Torment, and Perfecute him in his Memhers ? 
No certainly, the Jews hold him an Importer, the Ethnicfcs a ma- 
lefactor,^ Turks an Infidel, the others an Hsretick, infomuch as 
if we confider the Intention of thefe men, as the cenfuring of all 
offences ought to have principal relation thereunto, we cannot 
conclude that it is properly Chrift that they Perfecute with fuch 
hatred, but Tome Criminal Pcrfon, which in their Opinion deferves 
this Ufage : But they do truly and properly Perfecute and Cruci- 
fie Chrift Jeius, which profefs to acknowledge him for the Mef- 
y*W,God and Redeemer of the Worlds and which notwithftanding 
fail to free him from Perfecut ion and vexation in his Members, 
when it is in their power to do it. Br iefly,he which omits to deliver 
fcis Neighbour from the handsof the Murderer^ when he fees him 
in evident danger of his life, is queftionlefs guilty of theMur^ 
dcr, as well as the Murderer. For feeing he neglected when he 
had means to preferve his life, it mult needs neceflaiily follow, Aug.inPfa.12. 
that hedefired his death. And in all Crimes the will and intend- Amb.liki.de 
ment ought principally to be regarded. But queftionlefs thefe Qfi e \ . 
Chriftian Princes, which do not relieve and afilft the Irne Profef- &*£** m ' 
fors, which fuffir for true Religion,are much more guilty of Mur- 
der than any other, becaufe they might deliver from danger an 
infinite number of People, which for want of timely Succonrs, 
fuffer death and torments under the cruel hands of their Perfect:- ■• 
ters : And to this may be added, That tofufer ones Brother to be 
Mnrdcred 1 is a greater offence than if he were a Stranaer. Nay, I 
fay further , Thefe forfektrs of their Brethren in their time of 
danger and diftrefs, are more , vile- i and more to be abhorred than 
the Tyrants themselves that Perfecute them. For it is much more 
wicked, and worthy of greater punifnment, to kill an honeft msn 
that is innocent and fearingGod(asthofe which confent with them 
in the faith, mull of neceffity know the true profeflbrs to be) than 
a Thief, an Impofl or, a Magician, or an Heretick, as thofe which 
Perfecute the true Chi iftianrdo commonly believe them to-be, 
it is a greater offence by m?ny degrees to ftrivewith God, tOfiati 
Man. Briefly, in one and the fame action it is a much more grievovi 
Crime? perfidioufly to betray, than ignorant: ly to offend. But m- 7 

tfci-g 



( i6o ) 

the fame alfo be faid of them which refufe to affiH thofe that are 
opprefled by Tyranny, or defend the Liberty of the Common- 
wealth againft theopprcflion of Tyranb?For in this cafe the con- 
junction or confederacy feems not to be of Co Uriel a condition 
between the one and the other •, here wefpeak of the Common- 
wealth diveifly Governed according to the cufloms of the Coun- 
treys 5 and particularly recommended to thefe here, or thofe there •, 
and not of the Church of God? which is compofed ofall> and re- 
commended to all in general, and to every One in paiticular. 
The Jew faith, our Saviour Chrift is not only Neighbour to the 
Jew, but alio to the Samaritan, and to every other man. But we 
ought to love our Neighbour as our felves •, and therefore an If. 
rxlite is not only bound to deliver an Ifralue from the hands 
of Thieves, if it be in his power, but every ftranger alfo ; yea, 
though unknown, if he will rightly difcharge his duty : Neither 
let him difpnte whether it be lawful to defend another, which 
believes he may juftly defend himfelf. For it is much more juft, 
if we truly confider the concomitants, to deliver from danger 
and outrage another than ones felf ; feeing that what is done for 
pure Charity, is more right and allowab!e,than that which is exe- 
cuted for colour, or defire of revenge, or by any other tranfport 
of pafiion ; in revenging cur own wrongs we never keep a mean *, 
whereas in other mens, though much greater, the moft intempe- 
rate will eafily obferve moderation. Further more, the Heathens 
themfelves may teach us what Humane Society, and what the Law 
Cicero lih.\j& °f nature requires of us in this bufinefs^ wherefore Cicero fays, 
3. Offic. That Nature being the common M'ther of m Man\zindrfrefcribes and or ' 

dainSjtkat every man endeavour and procure the good of another what- 
foever he be, only becaufe he is a man \ otherwife all bonds of Society ^ea 
and mankind it felf ' m* ft needs go to ruine. And therefore as Juftice 
built on thefe two Bafis, or Pillars ; Firft, that none be wronged ; 
Secondly ,that good be done to all,if it be poflible. So alfo is there 
two forts of Juftice ; the firft > in thofe which offer injury to 
their Neighbours \ the fecond, in them which when they have 
means to deliver the opprefled, do notwithftanding fufFerthem 
to fink under the burthen of their wrongs: For whofoever doth 
wrong to another, either mov'd thereunto by aneer, orany other 
palfioa, he may in a fort be truly (aid to lay violent hands on his 
companion j but he that hath Means, and defends not the Af- 

fiifted, 



(,6i) 

flieled, or to his power wards not the blows that are ftruckat 
him, is as much faulty, as if he forfbok his Parents,or his Friends, 
or his Country in their diftrefs. That which was done by the 
firft, may Well be attributed toCholer, which is amort mad- 
nefs ; the fault committed by the other, difcoVers a bad mind, 
tind a wicked purpofe, which are the perpetual Tormentors 
and Tyrants of the Conference. The fury bf the firil may be 
in fbme fort excufed, but the malice of the fecond admits no 
colour of defence. Peradventure you will fay, I fear in aid- 
ing the one, 1 fhall do wrong to the other. And I anfwer, 
You feek a Cloak of Juftice wherewith to cover your bafe re- 
mifnels .- And if you lay your hand on your heart, you will 
presently confefs, that it is fbmewhat elfe, and not juftice, that 
withholds you from performing your duty. For as the fame 
Cicero fays in another place, Either thou wilt not make the wrong- 
deer thine enemy, or not takf pains, or not he at Jo mudo charge, st 
■elfe negligence, fioth, or the hindering of thine own occafions, or the 
crojfing of other purpofis, takes thee off from the defence ofthofe Who 
other Wife thou art bound to relieve. Now in faying thou only attends 
thine »wn Affairs, fearing to Wrong another, thou falleji into ano- 
ther kind of injuflice : for thou abandonefi human fociety, in that 
thou wilt not afford any endeavour either of mind, body, or goods, for 
the neceffary prejervation tJxreof Read the Directions of the 
Heathen Philofbphers and Politicians who have written more 
•divinely herein, than many Chriftians in thefe days. From 
hence alfb proceeds, that the fyman Law defigns puniflimerit 
to that Neighbour which will not deliver the Slave from the 
outragious fury of his Matter. 

Amongft the Egyptians, if any Man had feen another aflail*d Diofot. Sicn> 
and diftrefs'<i by Thieves and Robbers, and did not according '«*, hi % e, 2. 
to his power presently aid him, he was adjudg'd worthy of 
death, if at the leaft he difcover'd or delivered not the Delin- 
quents into the hand of the Magiftrate. If he Were negligent 
in performing this duty for the firft Mulcl, he was to receive 
a certain number of Blows on his Body, >and to fed for three 
^aystogether. If the Neighbour be Co firmly dblig'd in this 
mutual duty of fuccourto his neighbour, yea, to an unknown 
perfbn in cale he be aflaiTd by Thieves : fhall it not be law- 
ful for a good P/ince to aflift, not Slaves to an Imperious 

Y Mailer, . 



i riSto ) 

Made r, or Children againft: a Furious Father; but a King- 
dom againft a Tyrant, the Common- wealth againft the pri- 
vate fpleen of one, the people fwho are indeed the true own- 
ers of the StaieJ again!! a manuring fervant to the publick. 
And if he carelefly, or wilfully omit this duty, deferves he not 
himfelf to be efteem'd a Tyrant, and.puniflaed accordingly, 
as well as the. other a Robber, which neglected to aflift his 
TbeucidJio. i, neighbour in that danger? Thntctdides upon this matter fays. 
That thofe are not my Tyrants which make, other Men Slaves, but 
much more thofe ivho having means to Jupprefs and prevent fuch oph- 
prtffon, take no care to perform it. And amongft others, thole 
which ah 1 timed the Title of Protectors of Greece, and defen- 
ders of the Country : and yet ftir not to deliver their Country 
from opprefnon of ftrangcrs,and truly indeed. For a Tyrant is 
in feme fort compel'd to hold a ftraight and tyrannous hand Or 
ver thofe, who by violence and tyranny, he hath conftrain'd to 
obey him, becauie as Tiberius (aid, he holds tlje Wolf by the. ears^ 
whom he can neither, hold tvitlwut. pain and force, nor let go without 
danger and death. To the end then that he may blot out 
one fin with another fin, he fills up one wkkednefs to ano- 
ther, and is forced to do injuries to others, left he mould prove 
by remifhefs injurious to himfelf. But the Prince which with 
a negligent and idle regard looks on the outragiouinefs of a 
Tyrant, and the mafiacring of Innocents, that he might have 
preserved, like the Barbarous Spectacles of the Roman Sword- 
plays is fo much more guilty than the Tyrant hiroielf, by how 
much the Cruel ar.d Homicidious Dire&crs and Appointers of 
thefe Bloody Sports, were more juftly punifhable by all good 
Laws than the poor and conftrai nd Aclors in thole murther- 
ing Tragedies : And as he queitioniefsdeferves greater puniftj- 
ment, which out of infblent Jollity murthers one, than he which 
unwillingly for fear of a further harm kills a man. If anv objedt 
that it is againft reafon and good order to meddle in the af- 
fairs of another r I aniwer with the Old Man in Terrence, I am 
a Man, and I believe that all duties of ljumanity ate fit and convem- 
fompon.de rev. *nt for me. If ethers Jeekjng to, cover their b.ifs negligence, andcarf- 
lur. leg. 36. lefs unwillingnefs., aliedgc that bounds andjurifdiclioits art. diflmptifiit 
one from another, and that it is not lawful to thrufi ones Sichje into 4- 
nothers Harvefi. Neither am I alio of that opinion, that^upon 

any 



f $8 ) 
anyfuch colour or pretence, it is lawful for a Prince to en- 
croach upon anothersjurifdi&ion or right, or upon that occa- 
iion to ufurp anothers Country, and fo carry another Man's 
Corn into his Barn, as divers have taken fiich ftiadows to 
mask their bad intentions. I will not fay, that after the man* 
ner of thole Arbitrators which Cicero (peaks of, thou adjudge Ciar.2 ofc+- 
ihe tilings in Controverhe to thy felf. Burl require that you 
reprefs the Prince that Invades the Kingdom of Chrift, that 
you contain the Tyrant within his own limits^hat you ilrcrch 
forth your hand of companion to the people afflicted, that 
you raife up the Common- wealth Ivfng groveling on the 
ground, and that you fb carry your felf in the ordering and 
managing of this, that all men may fee your principal aim 
and end was the publick benefit of Human Society, and not 
any private profit or advantage of your own ; For feeing that 
• Juitice refpe&s only the publick, and that which is withour,and 
injuftice fixes a man wholly on himfelf .- It doubtlefs becomes 
a Man truly honed: fb to difpofehis anions, that every private 
intercd give place, and yield to publick commodity. 

Briefly to Epitomize what hath been formerly laid, ;f a 
Prince outr-agioufly over-pafs the bounds of Piety and Juftice. 
A neighbour Prince may juftly and religiouily leave his own 
Country, not to invade and ufurp anothers, but to contain the 
other within the limits of Juftice and Equity : And if he neg- 
led or omit his duty heiein, he Ihews himfelf a wicked and 
unworthy Magistrate. If a Prince tyrannize over the People, 
a neighbour Prince ought to yield Succours as freely and wil- 
lingly to the People, as he would do to the Prince his Brother 
if the People mutined againft him : yea, he mould fb much 
the more readily fuccour the people, by how much there is 
more lull caufeof pity to fee many afflicted, than 'one alone, 
1 f Pcrfcn)ia brought TarquimusSuperbus back to i^we,much more 
juftly might Conjlantme, reqikiled by the Senate, and Roman 
..people, expel NUrencus the Tyi'ant from Rome. Briefly ; if man 
.become, a Wolf to Man, who hinders that Man (according 
to the ProverbJ may riot be in.fr.ead of, God to the needy ? 
And therefore the Ancients have rankt Hercules amongft the 
Gods, becaufe he punifhtand tam'H "Procrnjies, Bufins, and o- 
ther Tyrants, the Plagues of Mankind, and Monfters of the 

Earth. 



( *6 4 ) 

Earth. So whilft the Roman Empire retain'd her freedom^ 
(he was truly accounted the fafe-gnard of all the World a- 
gainft the violence of Tyrants, becaule the Senate was the 
Port and Refuge of Kings, People, and Nations. In like 
manner Conjlawine, called by the Romans againft Maxentiw, 
had God Almighty for the Leader of his Army : And the 
whole Church doth with exceeding Commendations celebrate 
his Enterprise, although that Maxentius had the fame Autho- 
rity in the Weft, as Cbrijjkantim had in the Eaft. Alfb Char- 
Ictname undertook War againft the Lombards, being requefted 
fo aftift the Nobility of Italy : although the Kingdom of the 
Lombards had been of a long continuance, and he had nojuft 
pretence of right over them. In like manner when Charles the 
Bald, King of France, had tyrrannoufly put to death the Go- 
vernourof the Country between the River of Seym and Loyre f 
with the Duke Lambert, and another Noble Man calTd Jame- 
tins, and that other great men of the Kingdom were retired 
unto Lewis King of Germany ^ Brother, (but by another Mother J 
unto Qh" » tj » to requeft aid againft him, and his Mother called 
jitditb, one of the moft Pernicious Women in the World, 
Lewis gave them Audience in a full Aflembly of the German 
Princes, by whofe joynt advice it was decreed,that Wars mould 
be made againft Charles for the re-eftablifhing in their Goods, 
Honours, and Eftates, thofe whom he had unjuftly difpofleft-. 

Finally, As there hath ever been Tyrants difpreft here and 
there, fb aho all Hiftories teftifie that there hath been Neigh- 
bouring Princes to oppole tyranny, and maintain the People in 
their right. The Princes of thefe times by imitating (b worthy 
Examplcs^mould fupprefsthe Tyrants both of Bodies and Souk, 
ana* reft rain the Oppreflbrs both of the Common- wealth, and 
of the Church of Chrift i otherwife they themfelvcs may moft 
defervedly be branded with that Infamous Title of Tyrant. 

And to conclude this Diicourle in a word, Piety commands 
that the Law and Church of God be maintain'd b Juftice re- 
quires that Tyrants and Dcftroyers of the Common- wealth, be 
compell'd to rcafon : Charity challenges the right of ' relieving 
and reftbring the opprefjted.Th&fe that make no account of thefe 
things, do as much as in them lies to drive Piety, Juftice, and 
Charity out of this Woild,that they may never more 1 be heard of. 
FINIS. 



D E 



Jure Regni 



APBD 



SCOTOS 

DIALOGUE. 

Concerning the doe Priviledge of 

GOVERNMENT 

In the Kingdom of 

SCOTLAND. 



BETWIXT 

GEORGE <BUC H AHAK 

And 

THOMAS MAITLAKD, 

Bv the fa id 

GEO R GE> B VC11 AN A N. 

Tranflated out of the Original Latine into Englifk* 
By PHILALETHES. 



LONDON, Printed for Richard Baldwin. 1689. 






I, _ » 

DIALOGUE 

Treating of the 




Which the K. I N Q S of Scotland have for exercifing 

their Royal Power. 

< 

, f 

tfeojge T&mfamn, author. 

George Buchanan to King James, the fixth of that name King 
of Scots, wttheth all health and happinefs. 

1 Wrote fiveral years ago, when amongft us affairs were 
very turbulent, a. Dialogue of the right of the Scots Kings, 
wherein I endeavoured to explain from the very beginning 
( if I may fi fay) what right, or what authority both 
Kings and People have one with another. Which Booh^ , when 
for that time it feemed Jbmewhat profitable, as fhutting the mouths 
of fome, who more by importunate clamours at that time, than 
what was right, inveighed againfl the coitrfe of affairs, requi- 
ring they might be levelled according to the rule of right rea-> 
fon'-f but matters being fomewhat more peaceable, I alfo hav- 
ing laid down my Arms, very willingly devoted my felf to 
publicly concord. Mow having lately fallen upon that dijputa- 
tion, which 1 found atnongji my Papers, and perceiving therein 
many things which might be necejfary for your Age (ejpecialfy 
joh being placed in that part of humane Affairs ) I thought 

A 2 good 



The Epiftle Dedicatory to the K I N G. 

rood to pMJh it, that it might be a Standing witnefs of mine 
affellion towards yon, and admomfi you of your duty tjards 
your Subjects. Now many things perfwaded tne that this my 
endeavour jhould not he in vain : Ffpecial/y your Age not 
yet corrupted by prave opinions, and intimation far above your 
Tears for undertaking all Heroical and noble attempts, fponta- 
neoufly making hafte thereunto, and not only your promptitude 
in obeying your InftruUors and Governors, hut all fitch as 
vive f0'4 found admonition, and your Judgment and Diligence 
in examining Affairs, fo that no mans Authority can have 
m ch weight with you, nnlefs it be confirmed by probable reafon 
I do perceive alfi, that you by acertaw natural inSlin% do Jo 
much abhor flattery, which is the Nurfe of Tyranny and a 
moil grievous plague of a Kingdom, fi as you do hate the Court 
Solecifms and Barbarifms no lefs, thanthofe that feem to cen- 
fure all elegancy, do love and effeB fuch things y and every where 
in difiourfe fpread abroad, as the Sawce thereof, thefe Titles 
ofMajeBy, Bighnefs, and many other unfavoury compilations. 
Now albeit your good natural dipofition, and found in^ruSions, 
wherein yon have been principled, may at prtfent draw you aw ay 
from Ming into this Error, yet lam forced to be fomewhat 
jealous of you, left bad company, the fawning fojler-mother of 
all vices, draw afide your foft and tender mind into the worfi 
part', efpeciaUy feeing I am not ignorant, how eafily our other 
fenfes yeild to fednliion. This Book therefore I have fent un- 
to you to be not only your monitor, hut alfo an importunate and 
bold ExaUor, which in this your tender and flexible years may 
conduUyon in fafety from the rocks of flattery, and not only 

may admintijh fa *%* *¥ *& *» jn the *^'"" T ?*2 
en! red into : And if at any time you deviate, it may reprehend 
and draw yon back, the which if you obey, yon full for your 
felf afid for all your Snbje&s acquire Tranquility and Peace m 
rlLlifc, and Eternal Glory in the Life to come. Farewe I from 
Stirve'in^ the Tenth day of January in the Tear of Mans 
Salvation one Thoufand Five Hundred Seventy Nine. 

A L) 1 A-- 



THE 

TRANSLATOR 

T O T H E 

READER. 

Candid Reader ', 

I Have prefumed to trouble your attention with the 
Ceremony of a Preface, the end and defign of which 
is not to uiher in my Tranflation to the World with 
curious embellifhments of Oratory Cthat ferving only 
to gratifle, or enchaunt a Luxuriant fancy ) but allennarly 
to Apologize for it, in cafe a Zoilus, or a Momns^ (hall 
happen to perufe the fame. Briefly, then I reduce all that 
either of thefe will (as I humbly perceive ) object againft 
this my work, to thefe two Generals, Prevarication and 
Ignorance. Firft, they will call me a prevaricator or pre- 
varicating Interpreter, and that upon two accounts. Firft, 
Becaufe I have (fay they) fbphifticated the genuine fence 
and meaning of the learned Author, by interpreting and 
foifting in fpurious words of mine own. Secondly, That 
I have quite alienated the literal fence in other places by 
a too Paraphraftical expofition. To the firft I anfwer, that 
none are ignorant, that the Original of this piece is a Lofty 
Laconick ftile of Latin : Now I once having undertaken 
Provincial Interprets , behoved to render my interpreta- 
tion fbmewhat plain and obvious, which I could never 
do in fome places, without adding fbme words (Claritatis 
gratik ) but always I fought out the foope ( as far as my 
(hallow capacity could reach ) and fuited them thereunto. 
Wherein I am hopeful, that no ingenuous impartial Reader 
not prepoffefTed with prejudice againft the matter contain- 
ed in the Original, and confequently againft the Tranfla- 
tion thereof, will find much matter of quarrel upon that 
account, if he will but take an overly view of the Original, 

B and 



and fo compare the Tranflation therewith* For I have 
been very fparing in adding ought of my own. To the 
fecond branch ofthe firft Challenge I anfwer briefly } there 
are none who have. the leaft (mattering of common fence, 
but know well enough, t hat it is wtfr^ impojjlbk for an 
Interpreter to make good Language of any Latine piece, if 
he (hall alwayes verbum verbo reddere , I mean, if he ad- 
here fo clofe to the very rigour ofthe Original, as to think 
it illicite to life any Paraphrafe, although the fuccinclnefs 
and f immary comprehenfivenefs of the Original Stile even 
crv aloud for it, as it were ; but to faience in a word thefe 
Critical Snarlers, where ever I have ufed my Paraphrafe, 
t likewife have fet down the expofuion ad verbum ( to the 
Ireft of my knowledge ) as near as I could. 

trie Second 'Challenge is of Ignorance, and that becaufe 
I have palled by fome Latine verfes of Seneca, which are 
at the end of this Dialogue, containing the Stoicks defcrip- 
tion of a King, without Translating them into Engliftv 
Mow, true it is, I have done fo, not becaufe I knew not 
how to interpret them ( for I hope, Candid Readers at 
teaft will not fo Judge of me) but becaufe I thought it not 
require to meddle with them, unlefs I could have put as 
fpecious a ltfft re upon them, as my Pen would have pulled 
off them (for otherwife I would have greatly injured them) 
whic'h could never be done without a fubhme Vein of 
Poefie, wherein I ingehuouQy profefs ignorance : fo that if 
the laft Challenge be thus underftood, tranfeat becaufe 
Nee font etabra prolni Cabalino, 
Nee in bicipiti fomniajfe Parnaffo, ^ 
Memim, ttt repente fie Voetaprodirem. 
And hence it i , that all the Latin Verfes, which peenr in 
this WM%; are by me Tranflated into Profe, as the reft : 
But I fear I have wearied your Patience too long already, 
M therefore I will go no further, I Willi you fatisfachon 

ft the Bock, and fo 

P r ive& rale. 

7 

A DI- 



A 



DIALOGUE 

Concerning that 

JUS "RIGHT 



O F 

■ 



GOVERNMENT 

Amongft the 

SCOTS 

PERSONS 
GEORGE <B UC H AHAX 

And 

THOMAS M A I T L A N V. 

\Homas Mait/and being of late returned home from France , 
and I ferioufly enquiring of him the Mate of Affairs there , 
began ffor the love I bear t) hirnj to exhoit him to continue 
in that courfe he riad taken to honour, and to entertain that 
excenent hope in the progrefs of his Studies. For if I, being but of an 
ordinary fpirit, and almoft of no fortune,in.an illiterate Age, have fj wreft-. 
led with the iniquity of the times, as that I feem to have dome fbme- 
what : then certainly they who are born in a more happy Age, and who 
have maturity of Years, Wealth and Pregnancy of Spirit, ought not to 
be deterred by pains from noble delignf, nor can fuch defpair being affi- 
led by (b many helps. They fhould therefore goon with vigour to illu- 
ftrate learning, and to commend rhemfelves and thofe of their Nation to 
the memory of after Ages and pofteiity.Yea if they would but ^elfir them- 
ielves herein feme what actively, it might come to pais, that they would 
eradicate out of Mens minds that opinion, that Men in the cold regions 

B x of 




* The due Priviledge of the Scotch Government. 

of the World , are at as great diftance from Learning, Humanity and 
all Endowments of the Mind, as they are diftant from the Sun. For as 
Nature hath granted to the Africans, Egyptians , and many other Na. 
rions more fubtile motions of the Mind, and a greater fharpnefs of Wit, 
yet (he hath not altogether fo far caft oft' any Narion,-as to (hut up from it 
an entry to Vertueand Honour. Hereupon,whilft he did (peak meanly of 
of himfelf f which is his modefty) but of me more affectionatly than truely : 
at laft the tract of difcourfe drew us on (b far, that when he had asked 
me concerning the troubled ftate of our Country, and I had anfwered 
him as far as 1 judged convenient for that time ; I began by courfe to ask 
him, what was the opinion of the French's or other Nations with whom 
he had converted in France, concerning our Aftairs ? For I did not que- 
stion, but that the novelty of Affairs (as is ufual) would give occcafion 
and matter of difcourfe thereof to all. Why f faith he) do you defire that 
of me. 3 For feeing you are well acquainted with, the courfe ofAffairs, and 
is not ignorant what the mod part of men do fpeak, and what they think. 
You may eafily guefs in your own Conference, what is, or at leaft fhould 
be the Opinion of all. B. But, the further that foreign Nations arc 
at a diftance, they have the lefs caufes of Wrath, Hatred, Love and other 
Perturbations, which may divert the Mind from Truth, and for the mod 
part they fb much the morejudge of things fincerely,and freely fpeak out 
what they think.- that very freedom, of Jpeaking and confer ring the thoughts 
of the Heart doth draw forth many obfeure things, difcovers intricacies, 
confirms doubts and may ftop the Mouth of wicked men, and teach 
fuch as are weak. AX Shall I be ingenuous with you ? B. Why not ? M Al- 
though I had a great defire after fo long a time, to vifit my native Coun- 
try, Parents, Relations and Friends, yet nothing did fo much inflame my 
cle/ire, as the clamour of a rude multitude : For albeit I thought my felf 
well enough fortified either by my own conftant Practice, orthe moral 
precepts of the moft Learned, yet when I came to fall upon the prefent 
cafe, I know not how I could Conceal my Pufilanimity. For when that 
horrid villany not long fince here perpetrated,all with one voice did abomi- 
nate it,the Author hereof not being known ; the multitude, which is more 
acted by precipitancy, than ruled by deliberation, did eharge the fault , 
of fome few upon all, and the common hatred of a particular crime did 
redound to the whole Nation, fo that even fuch as were moft remote 
from any flifpicion were inflamed with the infamy of other mens crimes. 
When therefore this ftorm of calumny was calmed, 1 betook my felf very 
willingly into this port, wherein notwithftanding I am afraid, I may dafh 
upon a Rock. B. Why, I pray you . J Af. Becaufe the atrocioufnefs of 

that 



The due Priviledg of the Scotch Government. 3 

that late crime doth feem fb much to inflame the Minds of all already 
exafperated, that now no place of Apology is left. For, how (hall I be able 
to (uftain the impetuous aflaults, not only of the weaker fort, but al(b 
of thole who (eem to be more (agacious, who will exclaim againft us, 
that we were content with the (laughter of an harmleft Youth, an un- 
heard of cruelty, unlefs we mould (hew another new example of atroci- 
ous cruelty againft Women, which fex rery Enemies do (pare when 
Cities are taken by force. Now from what villany will any dignity 
or Majefty deter thofe, who thus rage againft Kings ? or what place for 
mercy will they leave, whom neither the weaknefs of Sex, nor innocen- 
cy of Age will reftrain . ; Equity ,Cuftom,Laws,the refpecT: to Soveraignty 
Reverence of lawful Magiftracy,which henceforth they will either retain 
for fhame, or coerce for fear,whcnthe power offupream Authority is ex- 
pofed to the ludibry of the ba(eft of the People,the difference of equity and 
iniquity, or. honefty and difhonefty being once taken away, almoft by a 
publick content, there is a degeneracy into cruel barbarity. I know I 
(hall hear thefe and more atrocious then thefe fpoken Co foon as I (hall 
return into France again ; all mens Ears in the mean time being (hut from 
admitting any Apology or fatisfa<Stion. B. But I (hall eaiily liberate 
you of this fear,and our Nation from that falfe crime. For, if they do fo 
much deteft the atrociou(he(s of the firft crime, how can they rationally 
reprehend feverity in revenging it ? or if they take it ill, that the Queen 
is taken order with, they muft needs approve the firft deed, choofe you 
then, which of the two would you have to feem cruel. For neither they 
nor you can praife or reproach both, provided you underftand your (elves. 
Al. I do indeed abhor and deteft the Kings Murther, and am glad that 
the Nation is free of that guilt,and that it.is charged upon the wickednefs 
of fbme few. But this laft fact I can neither allow or difallow ; for it 
feems to me a famous and memorable deed, that by counlel and diligence 
they have (earched out that Villany, which fince the Memory of Man 
is the moft hainous, and do purfue the perpretrators in a hoftile manner. 
But in that they have taken order with the chief Magiftrate,and put contempt 
upon Soveraignty, which amongft all Nations hath been always accounted 
great and facred. I know not how all the Nations of Europe will reliih ir, 
efpecially (uch as live under Kingly Government ; (urely the Greatnefs 
and Novelty of the facl: doth put me to a demur, albeit I am not igno- 
rant what may be pretended on the contrary, and (b much the rather, be- 
caufe fome of the Adtors are of my intimate Acquaintance. B. Now 
I almoft perceive, that it doth perhaps not trouble you (6 much,as thofe of 
iorrcign Nations,who would be judges of the Venues of others to whom 

you 



4 The due Prhiledge of the Scotch Government. 

you think fatisfadlion muft be given. Of thefe I (hall fet down three 
forts especially, who will vehemently enveigh againfl that deed. The 
nrtt kind is mod pernicious, wherein thole are, who ; have mancipated 
rhemfelves to the lulls of Tyrants, and think every thing juft and lawful 
for them to do, wherein they may gratitie Kings, and meafure every 
tiling not as it is in it felf, but by the lull of their Matters. Such have 
ft devoted tiiemfelves to the lulls of others, that they have left to them- 
selves no liberty either to fpeak or do. Out of this Crew have proceed- 
ed thofe, who have mod cruelly Murthered that Innocent Youth, with- 
out any caufe of Enmity, but through hope of gain, Honour and Power 
at Court to fatisfie the lufl: of others. Now whilft fuch feign to be forry 
lor the Queens cafe, they are not grieved for Her misfortunes, but look 
for their own feCurity, and take very ill to have the reward of their mod 
Mainous Crime, (which by hope they (wallowed downj to be pulled out 
of their Throat. I judge therefore that this kind of Men mould not 
be fatisfied fo much by reasoning, as chaflifed by the Severity of Laws, 
and force of Arms. Others again are all for themfclves , thefe Men 
though otherwife not Malicious, are not grieved for the pnblick Calamity 
( as they would feem to be ) but for their own Domeitick damages, and 
therefore they fcem to flanc in need rather of fome comfort, than of the 
remedies of perfwafive reafoning and Laws. The reft is the rude mul- 
titude, which doth admire at all Novelties, reprehend many things, and- 
think nothing is right, but what they themfelves do or fee done : For 
how much any thing done doth decline from an Ancient Cuftome, fo far 
they think it is fallen from Juftice and Equity. And beciufe thefe be no: 
led by Malice and Envy, nor yet by Self-intereil, the moll part will ad- 
mit Information, and to be weaned from their Error, fo that beino - con- 
vinced by the flrength of reafon, they yield : Which in the matter of 
Religion, we find by experience very often in thefe days, and have alio 
found it in preceding Ages. There is almo;t no man fo wild, that can- 
not be tamed, if he will but patiently hearken to inilruclion. 

M. Surely we have found oftentimes that very true. B. When you 
therefore deal with this kind of people fo clamorous and vevy importu- 
nate, ask fome of them, what they think concerning the punifhment of 
Cahgu'.a, Nero or Domitmn, I think there will be none of them fo ad- 
dicted to the name King, that will not confefs, they were juftly punifhed. 
AI. Perhaps you fay right, but thefe very fame men will forthwith cry 
our, that they complain not of the punifhment of Tyrants, but are grie- 
ved at the lad Calamities of Lawful Kings. B. Do you net then per- 
ceive how eafity the People may be pacified ? M Not indeed, unlefs 

you 



The dnt Pfvviltdgc of the Scotch Government. 5" 

you fay fbrr.e other thing. B. But I fhall caufe you underftand it fa 
few words, the People ( you fay ) approve the Murther of Tyrants, but 
companionate the misfortune of Kings, would they not then change 
; their Opinion, if they clearly understood what the difference is betwixt a 
Tyrant and a King. J do you not think that this might come to paf?, as 
in many other cafes? M. If all would ponfefs that Tyrants are juftU kil- 
led, we might have a large entry made open to us for the reft, but I 
find fomc men, and thefc not of fmall Authority, who while they make 
King? liable to the penalties of the Laws, yet they will maintain Tyrants 
to Bje Sacred perfbns ; bur certainly by a prepofterous judgment, if I be 
not miftaken, yet they are read y to maintain their Government, albeit im- 
moderate and intolerable, as if they were to Fight for Things both S'a- 
cred and' Civil. B. I have alf) met with feveral perfbns oftentimes, 
who maintain the fame very pertinacioufly ; but whether that opinion 
be right or nor, we fh. ill further difcufs it hereafter at better conveniency. 
In the mean time, if you pleafe, let us conclude upon this, upon condi- 
tion, that unlefs hereafter it be not fufficiently confirmed unto you, you 
may have liberty to retract the fame. M. On thefe terms indeed I 
will not refute it. B. Let us then conclude thefe two to be contraries, 
a King and a 'Tyrartt. M. Be it fo. B. He therefore that fhall explain 
the Original and Caufe of < treating 'Kings, and v/hat the duties of Kings 
arc towards their People, and of People towards their Kings, will he 
not feem to have almoft explained on the other hand, what doth pertain 
to the nature of a Tyrant. M. I think fb. 5. The reprefentation then 
of both being laid out, do you not think that the People will underftand 
alfo, what their duty is towards both ? M It is very like they will. B. 
Now contrariwife, in things that are ve ry unlike to one another, which yet 
are contained under the fame Genus ^ there may be fome fimilitudes, 
which may eafily induce imprudent Perfbns into an Error. M. Doubt - 
lefs, there may be fuch, and efpecially in the fame kind, where that 
which is the worft.of the two doth eafily perfonate the beft of both, and 
ftudies nothing more, than to impofe the fame upon fuch as are ignorant. 
Buc. Have you not fbme reprefentation of a King and of a Tyrant im- 
prefled in your mind ? For if you have it, you will fave me much pains. 
M Indeed I could eafily expreis what Idea I hare of both in my mind, but, 
I fear, it may be rude and without form , therefore, I rather defire to 
hear what your opinion is, left whilft you are a refuting me, our difcourfe 
become more prolix," you being both in Age and Experience above me °, 
and are well acquainted, not only with the Opinions of others, but alfb 
have ften the Cuftoms of marly, and their Cities ft I fhall- then do 

it, 



The due Priviledge of the Scotch Govemmmt. 
it, and that very willingly, yet will I not unfold my own Opinion fbmuch, 
as that of the Ancients, that thereby a greater Authority may be given 
to my difeourfe, as not being (uch as is made up with refpe£f. to this 
time, but taken out of the Opinions of thole, who not being concerned 
in the prefent controverfie, have no lefs eloquently than briefly given 
their judgment, without Hatred, Favour, or Envy, whofe Cafe was far 
from thefe things ; and their Opinions I (hall efpecially make ufe of, who 
have not friviloufly trifled away their time, but by vertue and counfel 
have flourifhed both at home and abroad in well governed Common- 
wealths. But before I produce thele witneffes, I would ask you lome 
few things, that feeing we are at accord in (bme things of no fmall im- 
portance, there may be no neceflity to digrcls from the purpofe in hand , 
nor to flay in explaining or confirming things that are perfpicuous and 
well known. M. I think we fhould do lb, and if you pleafe ask me. B. 
Do you not tbink that the time hath been, when men did dwell in Cot- 
tages, yea and in Caves, and as (hangers did wander to and fro without 
Laws, or certain dwelling places, and did Affemble together as their fond 
humours did lead them, or as Come Commodity, and common utility did 
allure them ? M. forfooth I believe that ; feeing it is conlbnant to the 
courfe and order of Nature, a^ 1 is teftified by all the Hiftories of all 
Nations almoft, for Homer doth diferibe the reprefentation of fuch a 
Wild and Barbarous kind of life in Sicily, even in the time of the Trojans. 
Their Courts ( faith he ) do neither abound with Councils nor Judges, 
they dwell only in darkfome Caves, and every one of them in high moun- 
tains ruleth his own Houfe, Wife and Children, nor is any of them at 
leifure to Communicate his Domeflick affairs to any other. About the 
fame time alio Italy is laid to be no better civilized, as we may eafily con- 
jecture from the molt fertile regions aimed of the whole World, how 
great a fblitude and waftnefs there were in places on* this fide otltalj.B. 
But whether do you think the vagrant and lolitary life, or the AfTociati- 
ons of men civily incorporate, moll agreeable to nature ? M The laft 
without all peradventure, which utility the Mother almoft of juftice and 
equity did hrft convocatej and commanded to give Ggns or warnings 
by lound of Trumpet, and to defend themfelves within Walls and to fhut 
the Gates with one Key. B. But, do you think that utility was the firft 
and maincaufe of the affociation of Men ? M. Why not, feeing 1 have 
heard from the learned, that men are Born tor men. B. Utility indeed 
to fome feems ro be very efficacious, both in begetting and conferving 
the publick Society of Mankind j but if I millake noi, there is a far 
more venerable, or ancient caufe of mens aflociating, and a more Ante- 

cedaneous 



The due Pr hi ledge of the Scotch Government. 7 

cedaneous and Sacred bond of their Civil Community, otherwife, if every 
one would have a regard to his own private advantage, then furely that 
very utility would rather diflolve than unite humane fociety together. M 
Perhaps that may be true, therefore I deflre to know what other 
caufe ycu will affign. B. A certain infbYcl: of nature, not only in Man, 
but alfo in the more tamed fort of Eeafts, that although theft allurements 
of utility be not in them, yet do they of their own accord flock together 
with other Eeafls of their own kind. Eut of thefc others we have no 
ground of debate? Surely we fee this inftir.& by nature (b deeply rooted 
in Man, that if any one had the affluence of all things, which contribute 
either for maintaining health, or pleafure and delight of the mind, yet he 
will think his life unpleafant without humane converfe. Yea, they who 
out of a defire of knowledge, and an endeavour of investigating the truth, 
have withdrawn themfelves from the multitude, and retired to feeret 
corners, could not long endure a perpetual vexation of mind, nor, if at 
any time they fhould remit the fame, could they live in fblitude, but 
very willingly did bring forth to light their very feeret fludies, and as they 
had laboured for the publick good, they did communicate to ail the fruk 
of their labour. But if there be any man who doth wholly take delight 
jn folitude, and flee from converfe with men, and fhun it, I jlidge k 
doth rather proceed from a diftemper of the mind, than from any iriftin& 
of nature, fuch as we have heard of Timon the Atbeni4n t and BeHerophon the 
Corinthian, who (as the Poet faith J was a wandring wretch on the Elea* 
Coafts, eating his own Heart, and fleeing the very Foot-fteps of Men. 
M. I do not in this much difTcnt from you, but there is one word Nature 
here let down by you, which I do often ufe rather out of Cuftome, than 
that I underftand it, and is by others fo varioufly taken, and accommo- 
dated to fo many things, that for the mod part I am at a (land to what I 
may mainly apply it. B. Forfboth at prefcnt I would have no other thing 
to be under ftood thereby, than that light infufed by God into our minds £ 
for when God formed that Creature more facred, and capable of a Ce- 
lcftiai mind, and which might have dominion over the other Creatures, 
he gave not only Eyes to his Body, whereby he might evite things con- 
trary to his condition, and follow after fuch as might be ufeful, but alfo 
he produced in his mind a certain light, whereby he might difcern things 
filthy from honeft ; this light fbme call Nature, others die Law of Na* 
cure, for my own part, truly I think it is of a heavenly ftamp, and I 
2m folly perfwaded, that Nature doth never fajr one thing, and Wifcfom 
another. Moreover, God hath given ui aft abridgment of that L*tf, 
which might contain the whole in few words, i>i% That we fbould 

C lore 



8 The due Prhiledge of the Scotch Government. 

.love him with all our Soul, and our neighbours as our (elves, all the 
Books of Holy Scripture which Treat of ordering our Convention, do 
contain nothing elfe but an explication of this Law. M. You think then 
that no Orator or Lawyer, who might congregate difperfed men, hath 
been the Author of humane Society, but God only? B. It is fb indeed, 
and with Cicero, 1 think there is nothing done on Earth more acceptable 
to the great God, who rules the World, than the afiociations of men le- 
gally united, which are called Civil Incorporations, whofe feveral parrs 
mull; be as compactly joyned together, as the feveral Members of our 
Body, and every one rauft have their proper function, to the end there 
may be a mutual Cooperating for the good of the whole, and a mutual 
propelling of injuries, and a forefeeing of advantages, and thefe to be 
Communicated for engaging the benevolence of all amongft themfelves. 
M. You do not then make utility, bur that Divine Law rooted in us from 
die beginning- to be the caufe ( indeed the far more worthy and Divine 
of the two J of mens incorporating in political Societies. B. I mean not 
indeed that to be the Mother of Equity and Juftice, as fbme would have 
it, but rather the Handmaid, and to be one of the guards in Cities well 
conftituted. JW. Herein I alfb agree with you. B. Now as in our Bo- 
dies confiding of contrary Elements, there are Difeafes, that is, pertur- 
bations, and (ome inteftine tumults, even (b there muft be of neceflity in 
thefe greater Bodies, that is in Cities, which alfb confift of various, (yea 
and ror the moil: part ) contrary humours, or forts of men, and thefe of 
different ranks, conditions and natures, and which is more, of flich as 
cannot remain one hour together approving the fame things : And furely 
luch muft needs fbon difTolve and come to nought ; if one be not adhi- 
JDited, who as a Phyfician may quiet fuch difturbances, and by a mode- 
rate and wholfbm Temperament confirm die infirm parts and compefce 
redundant humouis, and fb take care of all the Members, that the weaker 
may notlanguifh for want of Nutrition, nor the Itranger become luxu- 
riant too much. M. Truly, it muft needs be fb. B. How then (hall 
we call him who performeth thefe things in a Civil Body ? B. I am not 
very anxious about his name, for by what name foever he be called, I 
thLik he muft be a very excellent and Divine Perfbn, wherein th£ WiP 
dom of our Anceftors feemeth to have much forefeen, who have adorned 
the thing in it felf molt illuftrious with an illuftrious name. I fuppofe 
you mean Kjng^ of which word there is fuch an Empbafis, that it holds 
forth before us clearly a function in it felf very great and excellent. B. 
You are very right, for we defign God by that name. For we have 
no other more glorious name whereby we may declare the excellency 

of 



The due Privilege of the Scotch Government. 9 

of his glorious Nature, nor more luitable, whereby to fignifie his pater- 
nal care and providence towards us. What other names mall I collect, 
which we Translate to denote the Function of a King ? Such as Father. 
JEneaf) Agamemnon, Pallor of the People, alio a Leader, Prince, Gover- 
nour. By all which names luch a fignification is implyed, as may (hew 
that Kings are not ordained for themfelves, but for the People. Now 
as for the name we agree well enough ; If you pleafe, let us confer 
concerning the Function, infilling in the fame Foot-Reps we began upon. 
M Which, I pray? 8. Do you remember what hath been lately fpoken, 
that an incorporation leemeth to be very like our Body, Civil Commo- 
tions like to Dileafes, and a King to a Phyfician ? if therefore we (hall 
underftand what the duty of a Phyfician is, I am of the Opinion, we 
fliall not much miftake the duty of a King. M. It may be fb, for the 
reft you have reckoned are very like, and feem to me very near in kin. 
B. Do not expect that I will here delcribe every petty thing, for the 
time will not permit it, neither doth the matter in hand call for it .- But 
if briefly thele agree together, you fliall eafily comprehend the reft. ML 
Go on then, as you are doing. B. The (cope leemeth to be the fame 
to us both. M. Which ? B. The Health of the Body, for curing of 
which they are adhibited. M. I underftand you, for the one ought 
to keep fafe the humane Body in its ftate, and the other the Civil Body 
in its ftate, as far as the nature of each can bear, and to reduce into per- 
fect Health the Body Dileafed. B. You underftand very well, for there 
is a twofold duty incumbent to both, the one is to prefcrve Health, the 
other is to reftore it, if it become weak by hcknefs. M. I aflent to you. 
B. For the Difeafes of both are alike. M. It leemeth fb. B. For the 
redundance of things hurtful, and want or fcarfity ©f things neceflary are 
alike noxious to both, and both the one and other Body is Cured almoft 
in the fame manner, namely either by nourifhing that which is extenuate 
and tenderly cherifhing it, or by aflwaging that which is full and redun- 
dant by calling out fuperfluities, and exercifing the Body with mode- 
rate labours. M. It is fb, but here feems to be the difference, that the 
humours Ja\ the one , and manners in the other are to be re- 
duced into a right temperament. B. You underftand it well, for 
the Body politick as well as the natural hath its own proper tempe- 
rament, which I think very rightly we may call Juftice. For it is that 
which doth regard every Member, and cureth it fb as to be kept in its 
Function. This fometimesis done by letting of Blood, fbmetimesby expel-- 
ling of hurtful things, as by egeftion } and fbmetimes exerting caft down 
and timorous minds, and comforting the weak, and fb reduceth the whole 

C 7. Body 



lo The due Ptrvihdge of the Scotch Gwertfwent. 

Body into that temperament I fpoke of : and being reduced, exercifeth it 
with, convenient exercifes, and by a certain prefcribed temperature of 
Labour and reil, doth preserve the reftored Health as much as can be, 
M. All the reft I eafily arfent too, except that you place the temperament 
of the Body Politick injustice: feeing temperance even by its very name 
and profeffion doth juftly feern to claim thefe parts. B. I think it is no 
great matter on whieh of them you' confer this honour. For feeing ,all 
V crtues, whereof the ftrength is belt perceived in Action, are placed in 
a certain mediocrity and equability, ib are they in fbme measure Con- 
nected amongft themfelves, and cohere, (6 as it feems to be b.ic one of- 
fice in all, that is, the moderation of Lufts. Now in whatfbever kind 
this moderation if, it is no great matter how it be denominate : Albeit 
that moderation, which is placed in publick matters, and Mens mutual 
commerces dothfeem molt tidy to be understood by the name of Juftice. 
M. Herein I very willingly affent to you. B. In the Creation of a King, 
I think the Ancients have followed this way, that if any among the Citi- 
zens where ot any lingular excellency, and teemed to, exceed all others 
in Equity and Prudence, as is reported to be done in Bee-Hives^ they wiU 
Hngly conferred the Government or Kingdom on him. M. It is credit 
ble to. have been fb. B. But what if none (uch as we have fpoken of, 
thpuld be found in the City ? M. By that Law of Nature, whereof 
we formerly made mention, equals neither can , nor ought to Ulurp Do- 
minion: For by Nature I think itjuu\ that amongfr. theft that are equal 
in all other things, their courfe of ruling and obeying (houid be alike. 
B. What if a People, wearied with yearly Ambition be willing to Elect 
fbme certain Perfbn not altogether endowed with all Royal Vertues, but 
either famous by his Noble Defcent, or Warlike Valour ? will you not 
think that he is a lawful King ? M. Moil lawful,, for the People have 
Power to Confer the Government on whom they pleafe. B. What it we 
fliall admit fbme acute Man, yet not endowed with notable skil, for Cu- 
ring pifeafes ? ftiall weprefently account him a Phyfkian, as fbon as he 
is chofen by- aU,. J . M. Not at all; for by Learning, and' the Expericnis 
of many Arts, and not by fuflrages is a Man made a.Phyficjarv B. What 
maketh Artifts in other Arts? M. I think there is, one rqafbn of all. B. 
Do you think there is any Art of Reigning or not ? M Why not. B. 
Qan, you give me a reafbn why you think fb ? M. I. think I can, namely 
tfciat fame which is ufually given in other Arts. B. What is that ? M Be- 
caulf the beginnings of all Arts proceed from , experience. Fqr t whilir. ma- 
ny djd rafhly and without any reafbn undertake to Treat of many tilings, 
aod> others again through, exerciuuonandconluetude. didithe fame more 

fagaciouily, 



The due PrivikJge of the Scotch G over mem. 1 1 

fagaciaufly, noticing the events on both hands, and perpending the caufes 
thereof, fome acute Men have digefted a certain order of precepts, and 
called that Defcription an Art. B,' Then by the like animadverfion may 
not fome Art of Reigning be defcrihed, as well as the Art of Phyfick ? 
A£ I think there may. B. Of what precepts Ihall it confift ? M. I do 
not know at prefent. B. What if we mall find it out by comparing it 
with other Arts ? M. What way ? B. This way : There be fome precepts 
of Grammar, of Phyfick and Husbandry. M. 1 underftand. B. Shall 
we not call thefe precepts of Grammarians and Phyficians Arts and Laws 
alfo, and (b of others ? M. It feems indeed fb. B. Do not the Civil Laws 
feem to be certain precepts of Royal Art . ; M. They feem fb. B. He 
mull theretorebe acquainted therewith, who would be accounted a King. M. 
It feems fb. fl. What if he have no skill therein? Albeit the People fhall 
command him to Reign, think you that he fhould be called a King ? M. 
You caufe me here to hefitate; For if I would content with the former di£ 
courfe, the fufttages of the People can no more make him a King, than 
any other Arttft. 3. What think you, (hall then be done ? For unlefs 
we have a King chofen by fuffrages, I am afraid we (hall have no law- 
ful King at all. M. And, I fear alio the fame. B. Will you then be 
content that we more acurately examine what we have l'afl fet down 
in comparing Arts one with another ? M. Be it fb, if it fb pleafe you. B. 
Have* we not called the precepts of Artifts in their feveral Arts, Laws? 
M. We have done Co. B. But I fear we have not done it circumfpec^ly 
enough. M. Why? B. Becaufe he would feem abfiird who hid skill 
in, any Art, aru$ yet not to be an Artift. M. It were Co .- B. But he 
that doth perform what belongs to an. Art, we will account him an Ar- 
t^ whether he do it naturally, or by fome perpetual and conftant Tencur 
ar»i faculty. M. I think fo. B. Wc fhall then call him an Artift, who 
knows well this rational and prudent way of. doing any thing well, pro- 
viding he hath acquired that faculty by conftant Practice. M. Much 
better than him who hath the bare precept without ufe and exercitation. 
B.. Shall we not. then account thefe precepts to be Art? M. Not at all, 
but a certain fimilkude thereof,, or rather a fhadow of Art ? B. What is 
tben.that Governing faculty of Chies, which we (hall call Civil Art or 
Science ? M. Ltfeemfc you would. call it Prudence .- Out of which, as from 
a, Fountain or Spring, all Laws, providing they be ufeful for the preser- 
vation of humane Society, muft proceed and be derived. B. You have 
hit the Nail on the Head j if this then were compleat and perfect in any 
perfon, we might fay he were a King by Nature, and not by fuftra^es, 
and might, refig^over, to. him a. Free. Power over all" things; But if. we 

m 



ii The due Privikdge of the Scotch Government. 

find not fuch a man, we (hall alfb call him a King, who doth come nea- 
reft to that Eminent excellency of Nature, embracing in him a certain 
fimilitude of a true King. M Let us call him fb, if you pleafe. B. 
And becaufe we fear he be not firm enough againft inordinate affections, 
which may, and for the moft part ufe to decline Men from Truth, we 
mail adjoyn to him the Law, as it were a Colleague, or rather a Bridler 
of his Lulls. Ai. You do not think that a King mould have an Arbi- 
trary Power over all things. B. Not at all': For I remember, that he 
is not only a King, but alfo a Man, Erring in many things by : Ignorance, 
often failing willingly, doing many things by conttraint : Yea a Creature 
eafily changeable at the blaft of every Favour or Frown, which natural 
Vice a Magiftrate ufeth alfb to increase; fb that here I chiefly find that of 
the Comedy made true. All by Liceiifi become worfe: Wherefore the mofl: 
Prudent have thought it expedient to adjoyn to him a Law, which may 
either "(hew him the way, if he b^ ignorant, or bring him back again 
into the way, if he wander out of it : By thefe, I fuppote, you under- 
ftand, as in a reprefentation, what I judge to be the duty of a true King. 
M. Of the caufe of Creating Kings, of their name and duty you have 
hilly Satisfied me. Yet I mail not repine, if you pleafe to add ought there- 
to .- Albeit my mind doth haften to hear what yet feems to remain, yet 
there is one thing which in all your difcourfe did not a little offend me, 
which I think mould not be paff. over in filence, "W^. That you feem 
fbmewhat injurious to Kings, and this very thing I did fufpeef. in'^ou 
frequently before , whilft I often heard you fb profufely commend the 
Ancient Common- Wealths, and the City of Venice. B You did' not 
rightly herein judge of me. For I do not fb much look to the diffe- 
rent form of Civil Government ( fuch as was amongft the Romany ' Maf- 
filUns^ Venetians and others, amongft whom the Authority -of Laws 
were more Powerful, than that of Men ) as to the equity of : the form 
of Government ; nor do I think it matters much, whether Kjng, Dul<e, 
Emperor, or Conful be the name of him who is Chiefeft in Authority, 
providing this be granted, that he is placed in the Magiftracy for the 
maintainance of Equity, for if the Government be lawful we muff, not 
contend for the name thereof. For he whom we call the Duke of Venice, 
is nothing elfe but a lawful King : and the firft Confuls did not only re-' 
tain the Honours of Kings, but alfb their Empire and Authority, this 
only was the difference, that not one, but two of them did Reign ( which 
alfb you know was ufual in all the Lacedemonian Kings,) who were Crea- 
ted or Chofen not conitantly to continue in the Government, but for 
one Year. We muff, therefore always ft and to What we fpoke at firfl:, 

that 



The due Priirikdgc of the Scotch Government. 1 3 

that Kings at firft were inftituted for maintaining equity. If they could 
have holden that foveraignty in the cafe they had received it,they. might 
have holden and kept it perpetually ; but this is free and loofed by Laws. 
Bur(asitis with human things,'tht State of affairs tending to worfe,the fove- 
raign Authority which was ordained for publick utility degenerated into a 
proud domination. Forwhenthe luft of Kings flood inftead of Laws, and 
men being vefted with an infinite and immoderate power, did not contain 
themfelves within bounds, but connived at many things out of favour, ha- 
trcd,or felf intereft,the infolency of Kings made Laws to be defired.For this 
caufe, therefore Laws were made by the People, and Kings conftrained to 
make, jUfe> not of their own licencious Wills in judgment, but of that 
right or priviledge which the People had conferred upon them. For they 
were taught by many experiences,that it was better, that their liberty fhould 
be concredited to Laws than to Kings,whereas the one might decline many 
ways from the "Truth, but the other being deaf both to intreaties and 
threats, might ft ill keep one and the fame tenor. This one way of 
Government : is to Kings prefcribed, other wife free, that they fhould 
conform their aclions and fpeech to the Prefcripts of Law?, and by the 
functions thereof divide rewards and punifhments, the greateft Bonds of 
holding faff, together human Society. And laftly v even as faith, that famous 
Legiflator , A Kjng fhould be a fpeakjng Law, and the Law a dumb King. 
M.'At firfl: youfo highly pr \ ifed Kings, that you made their Majefty 
almoft. glorious and facred, but now, as if you had repented info doing, 
I do not know within what ftrait Bonds you fhut them up, and being 
thru ft into the Prifon (I may fay) of Laws, you do fcarce give them 
leave to fpeak. And as for my part, you have difappointed ms of my 
expectation very far. For. I expected, that (according to the mofl famous 
Hiftoriansj you .fhould have reftored the thing which is the raoft glorious 
both with'God and Man, into its own fplendor, either of your own ae- 
cord,or at my dehre in the feries in your difcourfe, which being fpoiled cf 
all Ornaments, you have brought it into fubjeclion } and that Authority, 
which through all the World is the chiefeft, you having hedged in round 
about and made it almoft fo contemptible,a's not to be defired bv any Man 
in his right wit?. For what Man. in his right wits would not rather live 
as a private Man with a mean fortune, than being ' 'ft ill' in action about 
other Mens Affairs, to be in perpetual trouble, and neglecting his own 
Affairs, to order the whole Courfe of his Life according to other Mens 
Rules ? But if that be the Terms of Government every where propofed, 
I fear there will be a greater lcarcity of Kings found', than was of Bi- 
fhops in the firft Infancy of 'our Religion. Nor do I much wonder, if 

« Kw 



*4 The due Prhikdge of the Scotch Government. 

Kings be regarded according to this plate form, being but Men taken 
from Feeding Cattle , and from the'Plough , who took upon them 
that glorious Dignity. B. Confider I pray you, in how great an Error 
you are, who does think that Kings were Created by People and Nati- 
ons not for Juftice, but for pleafurc, and does think there can be no 
Honour, where Wealth and Plealures abound not; wherein confi- 
der how much you dimkifh their Grandeur. Now that you may the 
more eafily underftand it ; compare any one King of thofe you have 
feen apparrelled like a Childs puppet brought forth with a great deal of 
Pride and a great many attendants, meerlyfor vain orientation, the repre. 
fentation whereof you mils in that King whom wedefcribe. Compare, 
I fay, (ome one of thole, who were famous of old, whole memory doth 
even yet live, flauriflieth and is renowned to all Pofterity. Indeed they 
were luch as I have new been delcribing. Have you never heard what 
an old woman petitioning Philip King of Macedon to hear her Caufe, an- 
swered him, he having laid to her, he had no lealure, to which flic re- 
plied, then ceale, (laid Ihe) to be King ? have you never heard, (I (ay) 
that a King victorious in Co many Battles, and Conqueror of Co many 
Nations, admonilhed to do his duty by a Poor old wife, obeyed, and 
acknowledged that it was the duty of Kings Co to do ? Compare then this 
Philip not only with the greater! Kings that are now in Europe, but 
allb with all that can be remembred of old, you fhall Surely find none of 
mem comparable to thofe either for Prudence, Fortitude, or activity ; 
few equal to them for largenefs of Dominions. If I fliould enumerate 
Agefilaus, Leonidas, and the reft of the Lacedemonian Kings (O how great 
Men were they) I Shall feem to utter but obfolcte Examples. Yet one 
laying of a Lacedemonian Maid I cannot pals over with filence, her Name 
was Gorgo the Daughter of Cleemedes, flic feeing a Servant pulling off the 
Stockings of an Afmn Ghuefi, and running to her Father cry*dout, Father, 
the Ghueft hath no Hands ; from which Speech of that Maid you may 
eafily judge of the Lacedemonian discipline and domeftick Cullom of their 
Kings. Now thofe who proceeded out of this ruftick, but couragious 
way of life, did very great things : but ihofe who were bred in the AJt- 
atick^ way, loft by their luxury and floth the great dominions given their 
Anceftors. And, that I may lay afide the Ancients. Such a one was 
PeUgius not long ago among the People of Galicia, who was the ftrft 
that weakned the Saracen forces in Spain, yet him and all his the Grave did 
inclofe, yet of him the Spamjb Kings are not afhamed, accounting it 
their greateft glory to be defended of him. But feeing this place doth 
call for a more large difcourfe, let us return from whence w have 6*1- 

grefled 



The due Privikdge of the Scotch Government. i ? 

greffed.For I defire to fhew you with the firft that I prom i fed, namely that 
this form ofGovernment hath not been contrived by me,but teems to have 
been the fame to the'tnoft famous men in all Ages,and Ifhall fhew briefly 
you the fpring from whence I have drawn thete things. The Books of M. 
Tulhus Cicero which are intitied of Offices are by common content of all ac- 
counted mod praite worthy, in the tecond Book thereof thete words are tet 
down verbatim, it teems as Herodotus faith that of old, well bred Kings were 
created, not amongft the Medes only, but alio amongft our Anceflors for ex- 
ecuting of]uftice,for whilft at firft the People were oppreffed by thofe that 
had greater!: wealth,they betook themtelves to fbme one who was eminent 
for vertue, who whilft he kept off the weakeft from injuries,eftablifhing 
equity, he hemmed in the higheft with the loweft by equal Laws to 
both. And the reafon of making Laws was the fame as of the Creation 
of Kings, for it isrequiiite that juftice be always equal, for otherwite it 
were not juftice. If this they did obtain from one good and juft Man, 
they were therewith well pleated, when they did not occur, Laws were 
made, which by one and the fame voice might fpeak to all alike. This 
then indeed is evident, that thote were ufually chofen to govern, of 
whote juftice the People had a great opinion. Now this was added,that 
fhete Rulers or Kings might be accounted prudent, there was nothing that 
Men thought they could not obtain from luch Rulers.I think,you tee from 
thefe words, what Cicero judgeth to be the reafon of requiring both 
Kings and Laws. I might here commend X^nofhon a witnefs requiring 
the fame, no lefs famous in War-like affairs, than in the ftudy of Phy- 
lofbpy, but that I know you are fo well acquainted with his Writings, as 
that you have all his tentences marked. I pafs at pretent Plato and Ariftc- 
tle , albeit I am not ignorant how much you have them in eftimation. 
For I had rather adduce for confirmation Men famous in a middle degree 
ef affairs, than out of Schools. Far lefs do I think fit to produce a 
Stoick King, fuch as by Seneca in Tbyefies is deteribed ; Not Co much be- 
cautethat Idea of a King is not perfect, as becaute that Examples of a 
good Prince may be rather impreffed in the Mind, than at any time 
hoped for. But left in thote I have produced there might be any ground 
of calumny, I have not fet before you Kings out of the Scythian fblitude, 
who did either ungird their own Horfes, or did other tervile work, 
which might be very far from our manner of living: but even out of 
Gree:e, and fuch, who in thete very times, wherein the Grecians did moft 
flourifh in all liberal Sciences, did rule the greateft Nations,or well govern- 
ed Cities j and did Co rule, that whilft they were alive were in very great 
efteem amongft their People, a,nd being dead left to Pofterity a famous 

D memory 



1 6 The due Priviledg of the Scorch Government. 

memory of themfelves. Ai. If now you ask me what my judgment is, 
I fcarce dare confefs to you either mine ineonftancy or timidity, or by 
what other name it fhall pleafe you to call that vice. For as often as I 
read thefe things you have now recited in the molt famous Hiftorians, 
or hear the fame commended by very wife Men, whofe Authority I 
dare nor decline : and that they are approved by all good and honed 
Men to be not only true, equitable and fincere, but alfb feem llrong 
and fplendid. Again as oft as I caff, mine Eyes on the neatnefs and ele- 
gancy of oUr times, that antiquity feemeth to have been venerable and 
fbber, but yet rude, and] not fufnciently polifhed, but of thefe things 
we may perhaps fpeak of hereafter at more leafure. Now if it pleafe 
you, go on to profecute what you have begun. B. May it pleafe you 
then that we recollect briefly what hath been [aid ? fo fhall we underftand 
belt what is paft, and if ought be rafhly granted, we fhall very foon 
retracl; it. -M. Yes indeed. B. Firft of all then we agree, that Men 
by nature are made to live in fbciety together, and for a communion of 
life. M. That is agreed upon. B. That a King alfb chofen to maintain 
that fbciety is a Man eminent in Vertue. M. It is fb. B. And as the 
difcords of Men amongfl: themfelves brought in the neceffity of crearing 
a King,fb the Injuries of Kings done againft their Subjects were the caufe 
of defiring Laws. M. I acknowledg that. B. We held Laws to be a Proof 
of the Art of Government, even as the Precepts of Phyfitians are of the 
Medicinal Art.M.It is fb. B.But it feems to be more fafe Cbecaufe in neither 
of the two have we fet down any lingular and exact Skill of their feveral 
Arts^ that both do,as fpeedily as may be, heal by thefe Preferiprs of Art. 
M It is indeed fafeft. B. Now the Precepts of the Medicinal Art are not 
of one kind. M How ? B. For fbme of them are for prefervation of 
health, others for reftoration thereof. M. Very right. B. What fay you of 
the governing Art ? M. I think there be as many kinds. B. Next then it 
feems, that we confider it. Do you think , that Phyfitians can (b exactly 
have Skill of all difeafes and of their remedies,as nothing more can be re- 
quired for their cure ? M Not at all,for many new kinds of Difeafes a- 
rife almoft in every Age, and new remedies for each of them,almoft every 
year arc by Men's Induftry found out, or brought from far Countries. B. 
What think you of the Laws of Commonwealths. M Surely their cafe 
feems to be the fame. B. Therefore neither Phyfitians,nor Kings can evite or 
cure all Difeafes of Common weakhs^by the Precepts of their Arts,which 
are delivered to them in Writ. M. I think indeed they cannot. B> What if 
we fhall farther try of what things Laws may be eftablifhed in Common- 
wealths 3 *nd what cannot be comprehended within Laws. M.That will be 

worth 



The due Priviledge of the Scotch Government. 1 7 

worth our pains. B. There teems to be very many and weighty things, 
which cannot be confined within Laws. Firft, all fuch things, as fall 
into the deliberation of the time to come. M, All indeed.. B. next, 
many things already pair, fuch are thefe wherein truth is fought by con- 
jectures, confirmed by Wirnefles, or extorted by Torments. M. Yes 
indeed. B. In unfolding then thefe Queftions, what fhall the King do ? 
Af. I tee here there is no need of a long diteourte, teeing Kings do not 
fb arrogate the Supream Power in thote things which are inftituttd with 
refpect to the time to come, that of their own accord they call to Council 
fbmeof the moft prudent. B. What fay you of thote things which by 
conjectures are found out, and made out by Wi nefles, fuch as are the 
Crimes of Murther, Adultery and Witchcraft ? M. Thete are examined 
by the skill of Lawyers, diteovered by diligence, and thete I find to be 
for the moft part left to the judgment of Judges. B. And perhaps very 
right -j for if a King would needs be at the private cautes of each Subject, 
when (hall he have time to think upon Peace and War, and thote affairs 
which maintain and preterve the iafety of the Common-wealth ? And 
laftly when fhall he get leave to reft ? At neither would I have the cog- 
nition of every thing to be brought unto a King, neither can one man 
be fufficient for all the cautes of all men, if they be brought unto him ; 
that Council no lefs wite than neceflary doth pleate me exceeding weli, 
which the Father in Law of Mofes gave him in dividing amongft many 
the Burden of hearing Cautes, whereof I fhall not fpeak much, teeing 
the Hiftory is known to all. B. But I think, thete Judges muft Judg ac- 
cording to Law. M. They muft indeed do fb. But as I conceive, there 
be bur tew things, which by Laws may be provided againft, in refpect 
of thote which cannot be provided againft. 

B. There is another thing of no lefs difficulty, becaute all thete things 
which call for Laws, cannot be comprehended by certain preteriptions. 
M. How fb : B. Lawyers, who attribute very much to their own Art, 
and who would be accounted the Priefts of Juftice, do confefs that there 
is fo great a multitude of affairs, that it may teem almoft infinite, and 
fay that daily arife new crimes in Cities, as it were teveral kinds of Ulcers, 
what fhall a Law-giver do herein, who doth accommodate Laws both to 
things pretent and preterite ? M. Not much, unlefs he be fbme Divine-like 
Perfon. B. Another difficulty doth alfb Occur, and that not a fmall one, 
that in fo great an Inconftancy of humane Frailty, no Art can almoft 
preteribe any thing altogether ftable and firm. M. There is nothing 
mote --true than that. B. Jc teemeth then moft fafe to truft a skilful Phyiici- 
an in the Health of the Patient, and alfb the King in theState of the Com- 

D 2 mon- 



1 8 The due Priviledge of the Scotch Government. 

mon- wealth. For a Phyfitian without the rule of Art will oftentimes 
Cure a weak Patient, either by contenting thereto, or againft his will i 
And a King doth either perfwade a new Law ufeful to his Subjects, or 
elfe may impofe it againft their will. M. 1 do not fee what may hinder 
him therein. B. Now leeins both the one and the other do thefe thinp-^, 
do you think that befides the Law, either of them makes his own Law ? 
M It feems that both doth it by Art. For we have before concluded 
not that to be Art which confifts of precepts, but Vertue contained in 
the mind, which the Artift ufually makes ufe of in handling the matter 
which is fubjecl: to Arts. Now I am glad (feeing you lpeak ingenuouflyj 
that you being conftrained, as it were, b/ an interdiction of the very 
truth, do fo far rertore the King from whence he was by force dejected. 
B. Stay, you have not yet heard all. There is another inconvenience in 
the Authority of Laws. For the Law being as it were a pertinacious, 
and a certain rude Exactor of duty, thinks nothing right, but what it felf 
doth command. But with a King, there is an excufe of Infirmity and 
Temerity, and place of Pardon left for one found in an Error. The 
Law is Deaf, Cruel and Inexorable. A Young man Pleads the frailty 
of his Years, a Woman the infirmity of Her Sex, another his Poverty, 
Drunkennels, Affection. What faith the Law to thefe excufes? Go 
Officer or Serjeant, convene a Band of xMen, Hoodwink him, Scourge 
him, Hang him on a Tree. Now you know how dangerous a thing it 
is, in fb great a Humane frailty, to have the hope of Safety placed in 
Innocency alone. M. In very Truth you tell me a thing full of Hazard. 
B. Surely as oft as thefe things come into mind, I perceive fome not a 
little troubled. M You fpeak true. B. When therefore I ponder with 
my lelf what is before pail: as granted, I am afraid left the comparifbn 
of a Phyfitian and of a King in this cafe feem not pertinently enough in- 
troduced. M. In what cafe ? B. When we have liberated both of the 
fervitude of precepts, and given them almolf a free liberty of Curing. M. 
What doth herein efpecially offend you . ; B. When you hear it, you 
will then judge. Two caufes are by us fet down, why it is not expedi- 
ent for a People that Kings be looied from the bonds of Laws, namely, 
love and hatred, which drive the minds of Men to and fro in judging. 
But in a Phyfitian it is not to be feared, left he fail through love, feeing 
he expecteth a reward from his Patient being reftored to Health. But 
if a Patient underftand that his Phyfitian is folicited bv Intreaties, Pro- 
mifes and Mony againft his Life, he may call another Phyfitian, or if he 
can find none other, I think it is more lafe to feek fbme remedy from 
Books how Deaf focver, than from a corrupt Phyfitian. Now becaufe 

we 



The due Privikdge of the Scotch Government. 1 9 

we have complained of the Cruelty of Laws, look if we understand one 
another fufficiently. Ml How fb? B. We judged an excellent King, 
fuchaswemay more fee In mind, than with Bodily Eyes, not to be bound 
by any Laws. M. By none. B. Wherefore ? M. I think, becaufe, 
according to Paul, he fhould be a Law to himfelf and to others, that 
he may exprefs in life what is by Law enjoyned. B. You judge right- 
ly ; and that you may perhaps the more admire , feveral Ages before 
Paul, Anftotlc did fee the fame, following Nature as a Leader, which 
therefore I (ay, that you may fee the more clearly what hath been pro- 
ved before, to wit, that the Voice of God and Nature is the fame. But 
that we may profecute our purpofe. What (hall we fay they had a re- 
flect unto, who firft made Laws ? M. Equity I think, as hath been laid 
before. B. I do not now demand that, what end they had before them, 
but rather what pattern they propofed to themfelves ? M. Albeit perhaps 
I underftand that, yet I would have you to explain it, that you may con- 
firm my judgment, if I rightly take it up, if not, you may amend my 
Error. B. You know, I think, what the dominion is of the mind over 
the Body. M I feem to know it. B, You know this alio, what ever 
we do not ralhly, that there is a certain Idea thereof firft in our minds, 
and that it is a great deal more perfect than the works to be done, which 
according to that Pattern the chiefeft Artifts, do frame, and as it were 
exprefs. M. That indeed I rind by experience both in (peaking and 
writing, and perceive no lefs words in my mind, than my mind in things 
wanting. For neither can our mind, fhut up in this dark and troubled 
Prifon of the Body, perceive the fubtilty of all things ; nor can we fb en- 
dure in our mind the reprefentation of things however forefeen in difcourfe 
vim others, fb as they are not much inferiour to chele which our intellect 
hath formed to it fell, B. What (hall we fay then which they fet before 
them, who made Laws i M. I feem almoft to underftand what you 
would be at. Namely, that they in Council had an Idea of that perfect 
King, and that they did exprefs a certain Image, not of the Body but 
of the mind, according to that forefaid Idea, as near as they could. 
And would have that to be inftead of Laws which he is to think might 
be good and equitable. M. You rightly underftand it. For that is the 
very thing I would fay. But now I would have you to confider what 
manner or King that is which we have conftitute at firft, was he not 
one firm and ftedfaft againft Hatred, Love, Wrath, Envy, and other 
perturbations of the mind ? M. We did indeed imagine him to be fuch 
a one : Or believed him to have been fuch to thofe Ancients. B. But 
dp Laws feem to have been made according to the Idea of him ? M No- 
thins 



The due Prwiledge of the Scotch Government. 

filing more likely. B. A good King then Is nolefs tevere and inexora- 
^e, man a good Law. M. He is even as fevere ; But fince I can 
change neither, or ought to defire it, yet I would flacken both (bmewhat, 
T) CA . n ' . ^' ^ ur ^od defires not that mercy be (hewed even to the 
I oor m judgment, but commandeth us to refpeel that one thing which 
M Juft and Equal, and to pronounce Sentence accordingly. M. 1 do ac- 
knowledge that, and by truth am overcome. Seeing therefore it is not 
.awful to loole Kings from the Bonds of Laws, who (hall then be the 
Law-giver ? Whom (hall we give him as a Pedagogue ? B. whom do 
you think fitieft to perform this duty ? M. If you ask at me. I think 
the King himfelf. For in all other Arts almoft we fee their precepts are 
given by the Artifts; whereof they make ule, as it were of commenrs, 
tor confirming their Memory, and putting others in mind of their duty. 
■B. On the contrary I fee no difference : Let us grant that a King is at 
liberty and (blved from the Laws, (hall we grant him the Power to 
command Laws ? For no Man will willingly lay Bonds and Fetters upon 
himfelf. And I know not whether it be better to leave a Man without 
Bonds, or to Fetter him with (light Bonds, becaufe he may rid himfelf 
thereof when he pleafes. JW. But vhen you concredit the Helm of Go- 
vernment rather to Laws. than to Kings, beware 1 pray you, left you 
make him a Tyrant, whom by name you make a King, who with Au- 
thority doth opprefs and with Fetters and Imprifonment doth bind, and 
(6 let him be lent back to the Plough again, or to his former condition, 
yet £rec of Fetters. B. Brave words : i impofe no Lord over him, but' 
1 would have it in the Peoples Power, who gave him the Authority 
over them felves, to prefcribe to him a Model of his Government, and 
that the King may make ufe of that Juftice, which the People gave him 
over themfelves. This I crave. I would nor have thefe Laws to be by 
force impoftd, as you interpret it, but I think that by a Common Council 
with the King, that fhould be generally eftablifhcd, which may generally 
tend to the good of all. M You will then grant this Liberty to the 
People ? B. Even to the Pec pie indeed, unlefs perhaps you be of another 
mind. m. Nothing feems lefs equitable. B. Why (6? M You know 
rtoait laying, a Bcalt with many Pleads. You know, i fiippofe, how 
£rcat the temerity and inconftancy of a People is. B. 1 did never imagine 
tlfat that matter ought to be granted to the judgment of the whole Peo- 
ple in general, but that near to our Cuftom, a ielect number out of all 
Eftates may convene with the King in Council. And then how focn an 
overture by them is made, that it be deterred to the Peoples judgment. 
&f. I underftand well enough your advice. But by this (6 careful a Cau- 
tion 



The du> Vrivikdge of the Scotch GovitKnim. 21 

tion you Teem to help your felf nothing. You will not have a King 
loofed from Laws, why ? Because, I think, within Man two moft Cruel 
Monfters lull: and wrath are in a continual conflict with reafbn. Laws have 
been greatly deiired, which might reprefs their boldnefs, and reduce them 
too much infulting, to regard a juft Government. What wil thefe G un- 
fellors given by the People do ? Are they not troubled by that fame in- 
teltine conflict ? Do the/ not conflict with the fame evils as well 33 the 
King? The more then you adioyn to the King a; AflefTjrs, there will 
be the greater number of Fools, from which you fee what is to be expe- 
cted. B. But I expect a far other thing than you fuppofe. Now I 
fhall tell you why I do expect it. Firit, it is not altogccher true whac 
you fuppofe, vi%. That the Ailembling together of a multitude is of no 
purpofe, of which number there will perhaps be none of a profound 
wic ; for not only do many fee more and underftand more than one of 
them apart, but aifo mire than one, albeit he exceed their wit and pru- 
dence. For a multitude for the molt part doth better judge of all things, 
than lingle perfons apart. For every one apart have iome particular Ver- 
mes, which being United together make up one excellent Venue, which 
may be evidently feen in Phyficians Pharmacies, and efpeciaily in that 
Antidote, which they cail Mithredate. For therein are many things of 
themfelves hurtful apart, which being compounded and mingled togeiher 
make awholefom Remedy againft Poyfbn. In like manner in ibme Men 
llownefs and lingring doth hurt, in others a Pricipitarrt Temeritv, both 
which being mingled together in a multitude make a certain Tempera- 
ment and Mediocrity, which we require to be in every kind of Vertue. 
M Be it fo, feeing you will have it fb, let the People make Laws and 
Execute them y and let Kings be as it were Keepers of Rcgifters. But 
when Laws feem to Clafh, or are not exact and perfpicuous enough in 
Sanctions, will you allow the King no intereft or medling here, efpeciai- 
ly fince you will have him to judge all things by written Laws, there muft 
needs enfue many abfurdities. And, that I may make ufe of a very 
common example of that Law commended in the Schools. If a Stranger 
fcale a Wall, let him die. What can be more abfurd than this, that the 
Author of a publick fafety [ who have thruft down the enemies prefling 
hard to be up) fhould be drawn to punifhmenr, as if he had in Hoftility 
attempted to fcall the walls. B. That is nothing. M. You approve then 
that old faying, the higheft: juftice is the higheft injury. B. I do indeed. 
If any thing of this kind come into debate, there is need of a meek inter- 
preter, who may not fuller the Laws which are made for the good of all 
to be calamitous to good Men, and deprehend in no Crime. B. You 

axe 



2i The due Priviledge of the Scotch Government. 

are very right, neither is there any thing elfe by me fought in ail this 
difpute, (if you have fufficiently noticed it ) than that Ciceronian Law 
might be' venerable and inviolable Salus Populi Juprema Lex ejlo. It 
then any fuch thino: (hall come into debate, lb that ir be clear what is 
good and juft, the Kings duty will be to advert that the Law may reach 
that Rule I fpoke of, but you in behalf of Kings feem to require more, 
than the moft imperious of them affume. For you know that thefe kind 
of Queftions is ufually referred to Judges, when Law feemeth to require 
one thing, and the Law-giver another ; even as thefe Laws which arife 
from an ambiguous right, or from the Difcord of Laws amongft them- 
felves. Therefore in fuch cafes moft grievous contentions of Advocates 
arife in Judicatories, and Orators precepts are diligently produced. M. I 
know that to be done which you fay. But in this Cafe no lefs Wrong 
feems to be done to Laws than to Kings. For I think it better to end 
that Debate prefently, from the Saying of one good Man, than to grant 
the Power of darkning, rather than interpreting Laws to fubtle Men, 
and fometimes to crafty Knaves ; for whilft not only Contention arifeth 
betwixt Advocate for the Caufes of Parties contending, but alfb for Glo- 
ry, Contefts are nourifhed in the mean time, Right or Wrong, Equity 
or Inequity is called in queftion ; and what we deny to a King, we 
grant to Men of inferior Rank, who ftudy more to debate, than to find 
out the Truth. B. You feem to me forgetful of what we lately agreed 
upon. M What is that ? B. That all things are to be fo freely granted 
to an excellent King, as we have defcribed him, that there might be no 
need of any Laws. But whilft this honour is conferred to one of the Peo- 
ple, who is not much more excellent than others,or even inferior to fbme, 
that free and loofe Lifence from Laws is dangerous. M. But what ill doth 
that to the interpretation of Law. B. Very much. Perhaps you do not 
confider, that in other words wereftore to him that infinite and immode- 
rate Power, which formerly we denied to a King, namely, that accor- 
ding to his own Hearts lull he may turn all things upfide-down. M. If I 
do that, then certainly I do it imprudently. B. I fhall tell you more plain- 
ly, that you may underftand if. When you grant the interpretation of 
Laws to a King, you grant him fuch a Licence, as the Law doth not 
tell what the Law giver mcaneth, or what is good and equal for all in 
general, but what may make for the Interpreters benefit, fo that he may 
bend it to all a irions for his own benefit or advantage, as the Lesbian 
Rule. yip. Claudius in his Decemvnatus, made a very juft Law, that in a 
liberal Caufe or Plea, fureties fhould be granted for liberty. What 
more clearly could have been fpoken. But by interpreting the fame 

Author 



ihe due Prhiledge of the Scotch Cover mem. 2 3 

Author made his own Law ufelefs. You fee ; I fuppofe how much 
liberty you give a Prince by one caft , namely, that what he 
pleafeth the Law doth fay, what pleafeth him not, it doth not fay. If 
we {hall once admit this, it will be to no purpofe to make good Laws 
for teaching a good Prince his duty ; and hemm in an ill King. Yea 
let me tell you more plainly, it would be better to have no Laws at 
all, than that freedom to Ileal mould be tolerate, and alfb honoured 
under pretext of Law. M. Do you think that any King will be fb impu- 
dent, that he will not at all have any regard of the fame and opinion? 
that all Men have of him ? Or that he will be fo forgetful of his Sub- 
jects, that he will degenerate into their Pravity, whom he hath reftrained 
by ignominy, imprifbnment, confifcation of Goods, and in a word with 
very grievous punimments ? B. Let us not believe that thefe things will 
be, if they had not been done long ago, and that to the exceeding great 
hurt of the whole World. M Where do you tell thefe things were done ? 
B.Doyou ask,where? As if all the Nations in Europe did not only fee,but 
feel alfb how much mifchief hath the immoderate Power, and unbridled 
Tyranny of the Pofe of fyme brought upon human Affairs. Even that 
Power which from fmall beginning and feemingly honeft he had got, 
every Man doth know that no lets can be feared by unwary Perfbns. 
At firft, Laws were propofed to us, not only drawn out of the innermoft 
fecrets of Nature, but given by God himfelf, explained by the Pro- 
phets from the holy Spirit, at laft by the Son of God, and by the fame 
God confirmed, committed to the writings of thofe praiie worthy men, 
expreffed in their Life, and fealed with their Blood. Neither is there in 
the whole Law any other place more carefully, commendably, or more 
clearly delivered, than that of the Office of Bifhops. Now feeing it is 
lawful to no man to add any thing to thefe Laws, to abrogate or dero- 
gate ought therefrom, or to change any thing therein, there did remain 
but one interpretation, and whilft the Pope did arrogate it, he not only 
did opprefs the reft of the Churches, but claimed a Tyranny the moft 
cruel of all that ever were, daring to command not only Men but Angels 
aifb, plainly reducing Chrift into order, if this be not to reduce him into 
order, that what thou wilt have done in Heaven, in Earth and amongfl 
the damned in Hell, be ratified^- what drift hath commanded, let it be 
ratified,if thou wilt ; for if the Law feem to make but little for your be- 
hoof, interpreting it thus you may back bend it, fb that not only by 
your Mouth, but alfo according to the -judgment of your Mind Chrift 
is conftrained to fpeak. Chrift therefore fpeaking by the Mouth of the 
Pope, Ptpin is fet in Cbildericks place of Government, Ferdmandus of Arra- 

E gon 






H The due Priviledgt of the Scotch Government. 

£«ifubftkutero John King of Navare.i the Son arofe in Arms againft his 
Father, and Subjects againft their King. C hrift is full of Poyfon, then 
he is forced by Witches, fo that he killeth Henry of Luxemburg by Poyfon. 
M I have heard thefe things often before, but 1 delire to hear more 
plainly lomewhat of that interpretation of Laws. B. I (hall offer you 
one Example, from which you may eafily underftand, how much this 
whole kind is able to do. The Law is, a Bifhop muft be the Husband 
of one Wife, than which Law what is more clear, and what may be 
laid more plain ? One Wife, (faith the Law) one Church, (faith the 
Pope J fuch is his interpretation. As if that Law were made not to re- 
press the Lufts of Biihops but their Avarice. Now this Explanation, 
albeit it faith nothing to the purpofe 3 yet doth contain a judgment honeft 
and pious, if he had not vitiated that Law again by another interpreta- 
tion. What doth therefore the Pope devife for exc,ufe ? It varieth 
(faith hej in regard of perfbns, cafes, places and times. Some are of that 
eminent difpofition, that no number of Churches can fatisfie their Pride. 
Some Churches again are Co poor, that they cannot maintain him who 
-was lately a begging Monk, if he have now a Mitre, if he would main- 
tain the name of a Biihop. There is a reafon invented from that crafty 
interpretation of the Law,that they may be called Bifhops of one Church, 
or other Churches given them in Commendam, and all may be robbed. 
Time would fail me, if I fhould reckon up the cheats,which are dayly ex- 
cogitate againft one Law. But albeit thefe things be mod unbefeeming 
as well the name of a Pope, as of a Chriftian, yet their Tyranny refts 
not here. For fuch is the natui e of all things, that when they once 
begin to fall they never ftay until they fall headlong into deftrucHon. 
Will you have me to mew you this by a famous Example ? Do you not re- 
member upon any of the Ityman Emperors blood who was more cruel 
and wicked than C. Caligula ? Ai.There was none that I know of. B. Now 
what was his moil nefarious villany think you?I do not lpeak of thofe deeds 
which Popes do reckon up in fome referved cafes,but in the reft of his life. 
M. 1 do-not at prefent remember. B. What do you think of that, that 
having called upon his Horfe,he invited him to fup with him? Set a golden 
grain of Barley before him, and made him Conful ? M. Indeed it was 
fttbfl impioufly d^ne. B. What think you of that, how he made the 
fame Horfe his Colleague in the Priefthood ? M. Dj you tell me that 
•in p^od earned ■? B. Indeed in good earneft, nor do I admire that thefe 
things feem to you feigned. But that Upman Jupiter of ours hath done fuch 
things, that thofe things done by Caligula may feem tiiie to V' t 
rity. I fay Pope Ju.'mi the third, who feems contending with C. Ca- 
ligula 



the due Priviledge of the Scotch Government. 25- 

ligula a moft wicked wretch for prehemJncy of impiety. M. VVuat did 
he of that Kind ) B. He made his Ape-keeper, a Man almoft more vile 
than the vileft Beaft, his Colleague in the Papary. M. Perhaps there 
was another caufe of choohng him. B. Some are reported indeed, but I 
have picked out the mod hone ft. Seeing then fb great a contempt not only 
of the Priefthood, but aifb a forgetfulnefs of humanity ante from this 
freedom of interpreting Laws, beware you think that to be a fmall 
Power. M But the Antients 'feern not to have thought it fb great a 
bufinefs of interpreting, as you would have it teem to be. Which by 
by this one argument may be underftood, becaufe the Roman Empe- 
rours granted it to Lawyers : which one reafbn doth overturn your 
whole tedious dilpute, nor doth it only refute what you fpoke of the 
greatnefs of that Power,but alio that which you moft fhun,it perfpicuoufly 
declareth, what Power they granted to others, of anfwering rightly, wa* 
not deried to themtelves, if they had been pleated to exerce that office, 
or could have done it by reafbn of greater affairs. B. As for thofe 
Roman Emperours, whom the Soldiers did choofe indeliberately, and with- 
out any regard to the common good of all. Thete fall not under this 
notion of Kings which we have defcribed, fb that by thofe that were moft 
wicked were they choofen who for the moft part were moft wicked, or 
elte laid hold upon the Government by violence. Now I do not repre- 
hend them for granting Power to Lawyeis to interpret the Law. And 
albeit that Power be very great, as I have faid before, it is notwithstand- 
ing more fafely concredited to them to whom it cannot be an inftrjument 
of Tyranny. Moreover it was concredited to many whom mutual re- 
verence did hold within the bounds of duty, that if one decline from 
equity, he might be refuted by another, And if they fhould have all 
agreed together into fraud, the help of the Judge was above them, who 
was not obliged to hold for Law what ever was given by Lawyers for an 
Anfwer. And over all was the Emperour, who might punifh the breach 
of Laws. They being aftri£ted by fo many Bonds were hemmed in, 
and did fear a more grievous punifhment,than any reward of fraud they 
could expe£r. : you fee, I fuppofe then that the danger to be feared from 
fuch kind of Men was not fb great. M. Have you no more to fay of 
a King ? JB.Firft, if you pleale, let us collect together, what is already 
fpoken,fb that the more eafily we may underftand, if any thing be omit- 
ted. M. I think we mould do fo. B. We feemed to be at accord fuffi- 
ciently concerning the crigine and caufe of creating Kings, and making 
Laws, but of the Lawgiver not fo,- but at laft, though fbmewhat un- 
. willingly I feern d to have contented, being enforced by the ftrength of 

£ 2, truth 



a 6 The due Prlvlledge of the Scotch Government. 

Truth. M. Certainly you have not only taken from a King the Pow- 
er of commanding Laws, but alfo of interpreting them, even whilft I as 
an Advocate ftrongly protected againft it. Wherein I am afraid, if the 
. Matter come to publick hearing, left I be accufed of Prevarication, for 
having fb eafily fuffered a good Caufe, as it teemed at firft, to be wrun°: 
out of my Hands. B. Be of good Courage, for if any accufe you of 
Prevarication in this Cafe, I promite to be your Defence. M Perhaps 
we will find that fhortly. B. There teems to be many kinds of Affairs 
which can be comprehended wichin no Laws, whereof we laid over a 
part on ordinary Judges, and a part on the Kings Council by the Kings 
Content. M. I do remember we did (b indeed. And when you was 
doing that, wot you what came into my Mind ? B. How can I, unlefs 
you tell me ? M Methought you made Kings in a manner like Stone 
Seals, which for the moft part fb teem to lean on the Tops of Pillars, 
as if they did fuftain the whole Fabrick : whereas ineffecl: they bear no 
more Burthen than any other Stone. B. What ! good Advocate of 
Kings, do you complain that I lay on them a little Burthen, feeing 
both Day and Night they do nothing elte than teek out others to bear 
Burthen with them, or upon whom they may altogether lay the Bur- 
then, and fb disburden themtelves. And in the mean time you teem to 
take it in ill part, that I afford them Help,labouring under their Burthen. 
M. Ialfb very willingly admit thete Auxiliaries, but fuch would 1 have 
as may terve, but not command, fuch as may fhew the way, but not lead 
in the way, or more truly draw or ruih them forward as fbme warlike 
Engine, and leave a King no other Power but to aflent to them. 
Therefore I pretently expect, that having ended our Difcourfe concern- 
ing a King, you would ftep afide to fpeak of Tyrants, or fbme where- 
elfe. For you have incloted a King within fo narrow Bounds, 
that I am afraid, left, if we tarry longer therein , you drive 
him out of his greater! Wealth and higheft Dignity, and banrfh 
him as it were into lbme detert Ifland, where being fpoiled 
of all his Honours, he wax old in Poverty and Mitery. B. You 
feared, as you pretend, the Crime of Prevarication ; but I am 
afraid, left in calumniating you wrong the King, whom you endea- 
vour to defend. Firft, I would not have him to be idle, unlefs you 
would appoint idle Mafter-builders : Secondly, you deprive him of good 
Minifters and Friends, whom I have adjoyned unto him, not as Keepers, 
but would have them called by him to bear a part of his Labour, and 
thete being driven away, you furround him with a Band of Knaves, 
who make him to be feared by his Subjects, neither do you think he 

will 



'The due Privikdge of the Scotch Government. 17 

will be formidable, unlefs we allow him a great Power of doing 
Wrong. I would have him to be by his Subjects beloved, not to be 
guarded by the Terror, but good Will of his Subjects, which Arms a- 
lone do make Kings Invincible, unlefs you gainfay this, I trufl: I (hall 
fhortly prove it. For I (hall lead him out of thefe you call Straits into 
Light j and by one Law (hall give him fb much Authority and Enlarge- 
ment, that if he defires more, he may teem impudent. M. Indeed I 
long to hear that. B. I (hall then fall upon that Matter, that I may 
fatifie your Defire as fbon as I can. A little before we have confefled, 
that no Law can be fo accurately cautioned concerning any Affair, but 
that malicious Subtlety may invent fbme Fraud. This perhaps will be 
the better underftood by the Example already propofed. By the Law, 
it is ordained, that no Parents tranfmit their Benefices to their Baftards. 
Here in effect the Law feems clear, yet a Cheat is found out ; that the 
Father fiibftitutes fbmc other Man, and that he may deliver that fame 
Benefice to the Baftard of the former Pofleflor. Thereafter, when as 
it was carefully ordained by Law, that the Son mould by no means en- 
joy that Benefice which his Father had poffeffed before : yet by this 
Caution it was never a whit the better. For againft that Law a Pacti- 
on was found out among Priefts, that each of them mould fubftitute 
the Son of the other in his Office. And when that was alfb forbidden, 
the Law was alio eluded by another kind of Cheat : a pretender was 
fet up againft the Father, who might pretend he had a Right to that 
Benefice. Whilft the Father feemingly is a contending with this fup- 
pofed Sycophant, the Son doth petition the Pope for the Benefice, if fb 
be that the Right unto that Benefice belong not to either of the Parties 
contending for it, and fb the Son, by his Fathers Prevarication, doth en- 
joy his Fathers Benefice, and overcometh both the Parties, who willing- 
ly and freely yield up their Plea. Thus you fee how many kinds of 
Cheats are invented againft one Law. M I fee it. B. Do not Law- 
givers feem to do altogether the fame herein which Phyficians do, who 
whilft they endeavour, by applying a Plaifter to compefce the Eruptions 
of Flegm, or of fbme other hurtful Humor, the Humor rcftrained in 
one place, feeks Ifliie in many places at once ; and as a certain Hydra 
having one Head cut off, many Heads ftart up in place of one. M. 
Nothing more like. B. What was incumbent for a Phyfitian to do 
at firft, for freeing ihe whole Body at once of peccant Humors, ought 
not the Politick Phyfitian do the fame in this Cafe, for freeing the 
whole Common-wealth of evil Manners ? M. I think that to be the 
right way of Cure, albeit it be difficult. B. And if this can be obtain- 
ed, 



vo • • The due Priviledg of the Scorch Government. 

ed, I think there would be need of few Laws. M It is indeed fa. 
B. Doth not he alone feem to confer more for the Publick Good, 
who can apply this Remedy, than all the Conventions of all Eftates met 
for making of Laws ? M. Doubtlefs far more. But that I may make 
ufe of the Comick Poets Words, Who is able to undertake fo weighty a 
Charge ? B. What if we {hall lay it over on the King ? M Merrily 
fpoken indeed. What was fbon done and eafie, you have committed 
to the whole People ; but if any thing be difficult and intricate, you 
will lay it over upon the King alone, as if you thought him not fuffi- 
ciently bound, tying him round about with fo many Fetters, unlefs you 
lay upon him a moft grievous Burthen, under which he may alfb luc- 
cumb. B. It is not fo, but we contend for a Bufinefs eafie for him to 
be done 3 webefeech, he would fufter himfelf to be exorable. M What 
is that, I pray ? B. That as Fathers ought to carry towards their Chil- 
dren, Co in all his Life he would behave himfelf towards his Subjects, 
whom he ought to account as Children. M. What is that to the pur- 
pofe in hand ? B. Surely this one is certainly the chiefeft Remedy againft 
corrupt Manners, and left you fuppofe that it is an Invention of mine, 
here what Claudianus faith. Thou King, muft as a Father Rule thy 
Subjects, and no lefs have a care of all than of thy felf j; let not thy own 
Defire only move thee, but alfb the Publick Defires of thy People. If 
thou commandeft, ought to be done by all, and to be obeyed,- obey the 
fame firft thy felf. Then will the People become the more obfervant of 
Equity j nor will refufe to bear any Burthen, when they fee their King 
himfelf obedient to what he commands. The whole World doth a'dt 
Conform to the Example of a King. The Laws of Kings prevail not fb 
much to incline Mens Minds unto Obedience, as the Conversion of the 
Rulers. For the fluctuating Multitude doth always change as their Prince 
doth. Do not Imagine that the Poet pregnant for understanding and 
learning did in vain believe fo great force to be herein, for People are 
lo addicted to the imitation of Kings, in whom any Image of Honefty 
doth mine or appear, and Co endeavour to exprefs their manners, that 
whofe Vertue they admire, they endeavour alfb to imitate fome of their 
Vices in Speech, Apparel in deport. But in conforming themfelves to the 
King in gelfurc, manners of Speech they not only defire to imitate him, 
but alfb by flattery they infmuate themfelves into the minds of great ones, 
and by thefe Arts they hunt after Riches, Honour and Preferment, 
foecaufe they know we have it by Nature, that we Love not only our 
felves, and our own concerns, but embrace our own likenefs though 
vicious in others. Now that which we demand not Wickedly and Arro- 
gantly, 



"The due Priviledge of the Scotch Government. 29 

gantly, but by Entreaty endeavour to obtain, hath a far greater force 
than the Threatnings of Laws, the Orientation of Punifhments, or Ar- 
mies of Souldiers. This reduceth a People without force into Modefty, 
conciliated to a King his Subjects good Liking, increafeth and main-, 
faineth the publick Tranquility, and the Wealth of every one feverally. 
Let therefore a King carefully confider, that he is fet on the Theatre of 
the World, and for a Spectacle propofed to all, fb as no Word or Deed 
of his can be concealed. The Vices of Kings can never be kept fecret. 
For the Stipream Light of Fate fuffers nothing to lye hid in Oblc'urity, 
and Fame enters into all fecret Places, and finds out obfcure Corners. O 
how much doth it concern Kings to be circumfpect on all hands, feeing 
neither their Vices nor their Vertues can be concealed, nor yet without a 
great univerfal Change of Affairs. But if any do yet doubt, what great 
Importance there is in the Conversion of a Prince, for the Emendati- 
on of the publick Difcipline, let him take but a View of tlie fmall be- 
ginning of the State of R$me. That rude People confiding of Shep- 
herds and Country Inhabitants, I mail not fay worfe, naturally fierce, 
having got a very couragious King, and having pitched once their 
Tents, for fbliciting the Peace of the Neighbouring Nations, and pro- 
voking them to fight, how much do you think of Hatred and Fear was 
bred in their Neighbours ? When again that very fame People had fet 
over them a pious and juft King, they were fb fuddenly changed, that 
being wholly devoted to the Worfhip of their Gods, and to Acts of 
Juftice,that to wrong them their Neighbours judged it a Crime,even thofe 
very Neighbours, I fay, whofe Lands before they had laid wafte, whofe 
Cities they had burnt, and their Children and Kinfmen they had carried 
away into Bondage. Now if in that Barbarity, of Manners, and Rude- 
nefs of Times, Numa Pompilms (who a little before was brought out of 
another Nation at Enmity with them, and made King) could do fb 
much j what fhall we expect, or rather, what (hall we not expect of thofe 
Princes, who being fupported by Affinity, Vafials, and much Wealth 
left them by their Anceftors, obtain the Government ? And are born 
and brought up in expectation thereof. Now how much mould it ftir 
up their Minds unto Venue, that they hope to have the Praife not of 
one Day, as Stage-players do, the Scene being once paft, but the good 
Will, Admiration, and perpetual Remembrance of their Life to all Po- 
iterity, and know that Honours in Heaven are prepared for them ? I 
wifh I could exprefs in Words the Reprefentation of that Honour, 
which in mind I have conceived. Now that I may fomewhat 
propofe unto your View | the fame by fbme of the rirff. Draughts 

and 



jo The due Privlledge of the Scotch Government. 

and Lineaments thereof, confider with your felf, how the brafen 
Serpent ere&ed by Mopes in the Defert of Arabia, did heal the 
Wounds made by other Serpents, by a very Look of the People thereon. 
Imagine that out of the whole People there were fome ftung by Ser- 
pents, and running together for prefent Cure, others Aftonifhed at the 
newnefs of the Miracle, and all Celebrating with all kind of Praife the 
immenfe and incredible Goodnefs of God : when they perceive that the 
Pain of that deadly Wound was not taken away, either by Medica- 
ments, with the Torment of the Patient, by the Phyficians Labour, and 
affiduous Carefulnefs of Friends, nor by any long fpace of time, but re- 
duced unto Health in a moment. Compare now a King with that Ser- 
pent, and To compare him, that you may reckon a good King amongfl 
the greatefr. Benefits of God, who alone, without any Expence of thine, 
and without thy Pains and Labour, doth relieve a Kingdom of all its 
Troubles, fetleth Perturbations, and in a fhort fpace bringeth the Inve- 
terate Ulcers of Minds unto a Cicatrice or Scar j neither is he only a Pro- 
curer of Health to thofe who behold him near at hand, but alfb to fuch 
as are a far off, and have no hope to fee him, in whofe Image fo great 
a Force is prefented to the Minds of his Subjects, that it doth eafily per- 
form what the Prudence of Lawyers, the Science of Philosophers, and 
the Experience of fb many Ages, in collecting their feveral Arts, could 
never perform. Now that great Honour, Dignity, Eminency or Ma- 
jefty can be told or excogitate to be in any Man, that by Speech, Con- 
vert, Sight, Fame and a tacite Species prefented to the Mind, he may 
reduce the mod Luxurious to Modefty, the Violent to Equity, and thofe 
that are Furious unto a right Mind. Can you ask of God a greater Benefit 
than this, fb much for the Good of Mans Concerns ? If I miftake nor, 
this is the true Reprefentation of a King, not that of a King guarded 
with Weapons of War, ever fearing others, or making others afraid, 
by his Hatred towards his People, meafuring his Peoples Hatred againft 
him. This Reprefentation which we have gived, Seneca in his Thyejies 
hath exprefTed in very pleafant Colours, which Verfe I doubt not but 
you know, feeing it is moft elegant. Do I now feem to (peak bafely 
and contemptuously of a King, and bind him faff, loaded with the Fetters 
ot Laws within a Goal, as you did lately fay ? And not rather to bring 
him forth into Light and Aflemblies of Men, and fet him upon the pub- 
lick Theatre of Mankind ? Accompanied not with the arrogant Compa- 
ny of Archers and Armed Men, and Rogues cloathed in Silk, but guard- 
ed in Safety by his own Innocency, not with the Tcrrour of Arms, but 
by the Love of his People : and not only at Freedom and fct aloft, but 

honour- 



The due Privilege of the Scotch Gwrnmm . \ * 

•honoured, venerable, facred and eminent, and coming forth with the 
good Wifhes and fortunate Acclamations of the People, and whithcrlo- 
ever he goeth, turning the Face?, Eyes and Hearts of all towards him. 
What Acclamation, or what Triumph can be compared with this daily 
Pomp ? Or if God in humane likeneis mould come down into Earth, 
what greater Honour could be given him by Men, than that which would 
be given to a true King, that is to the lively Image of God? For neither 
can Love beftow, nor Flattery invent a greater Honour than this. What 
do you think of this reprelentation of a King ? 

M. So fplendid and magnificent indeed it is, that it feems nothing can 
be faid or imagined more magnificent. But in thele corrupt times of 
ours, it is hard to find this magnanimity, unlefs careful Education make 
an honell: and good Nature and Difpofition. For the mind being princi- 
pled with good inftrucliions and Acts from Infancy, and by Age and daily 
Practice confirmed, endeavours by Vertue to attain to true Glory, in 
vain it is tempted by the allurements of Luffs, or weakned by the im- 
preflions of Adverfity. For thus Learning doth perfect natural Parts, 
and good Breeding doth ftrengthen the mind t So that it findeth occafion 
ofexercifing Vertue amongft the very Recreations of Pleafures, and thele 
things which ufually terrifie weak ones, by reafon of- difficulty, Vertue 
doth account them as a matter of praiie. Seeing then there is (b great 
importance in Learning for all conditions of Life, with what great 
Care and Solicitude fhould Men forefee, that the tender minds of Kings 
be rightly principled, even from their very Infancy. For feeing many 
are the benefits of good Kings towards their Subjects, and contrariwife, 
many Calamities proceed from wicked Princes, then nothing doth feem 
to have a greater influence upon every Rank of Men, than the carriage 
and converfation of Kings and others, who joyntly rule publick Affairs. 
For what is done well or ill .by private Perlons, is for the mod part hid 
from the multitude: Or by reafon of fuch Mens obfeure condition their 
example belongeth to few. But all the words and deeds of thofe, who 
hold the Helm of publick Affairs, cannot be concealed, being written as 
it were in a publick Monument,as Horace faith, but are let tafore all Men 
for imitation. For they do not turn Mens affections to themfelves by 
Studying to pleafe them, but by very kind Allurements of utility. And 
whitherfoever the inclinations of Kings do drive, they make the publick 
Difeipline wheel about with them. But I am afraid that our Kings will 
not not be intreated to perform what ycu have now mentioned. For 
they are Co marred by the Allurements of pleafures, and deceived with 
the falfe {hew of Honour, that I think they do alrnoft that which fomz 

F Poets 



3 z "The due Privilege or we ocului vjo-uemmenx. 

Poets report to have befal'en the Trojans who were in company at Sri^ 
with Pans. For the true Helena being left in SEgftt with Protheus a Holy 
and true religious Man, they did contend fo Pertinacioufly the fpace of 
i en Years for her likenefs, that it was the end of a moft pernicious War, 
and of- the moil Flourifliing Kingdom in thofe times* For impotent 
Tyrants embracing that falfe reprefentation of a Kingdom, when they 
have once obtained it by right or wrong, cannot loofe it without deftru- 
oHon. Now if any doadmonifh them* that the true Helena for whom 
they imagine to fight, is elfewhere concealed, they would- calf him mad- 
B. I am indeed glad that you fomewhat underftand the Beauty of that 
true Daughter of Jupiter from this her likenefs, fiich as it is, albeit you 
do not lee her felf. But if thefe Lovers of that Helena, to their great 
damage, did fee the perfect Image of the true Helena, pourtracled with 
her lively Colours by fbme *Protegenes or Apelles, I do not queftion but 
they would admire her and fall in Love with her. And if they did not 
command their affections to enjoy that other, they might fall into thofe 
grievous punifhments, which Perfws in his Satyres doth imprecate on Ty- 
rants, O Suprcam Father of the Gods, be pleafed thus to punifh cruel Ty- 
rants, when any execrable Lull: dipt in raging Poyfbn doth ilir up their 
(pints, let them fee what Vertueis, and let them pine away for ibrrow, 
becau{e they defpifed her. And therefore feeing we are fallen in to make 
mention of Tyrants, may it pleafe you, that ftraight Way we proceed 
to (peak of them ? M. Yea, unlefs you think fbme other thing fhould 
be firft- fpoken. B. I fiippofe we fhall not deviate, if we proceed in the 
fame Foot-fteps for finding out a Tyrant, wherein- we did infill: in feeking: 
out a King. M. I think fo. For by that means we fhall very eafiiy 
underftand what difference there is betwixt them, if fet one againii 
another they be duly confidered. B. And firft of all, that we may be- 
gin at a Tyrants name, of what Language, it is uncertain. I there- 
lore think.it now riecefTary for us tofeek therein the Gree^or Latin Ety- 
mology. Now what the Ancients did call Tyranny, I think is not un- 
known to any who are well verfed in humane literature. For Tyrants 
were called both by the Greeks and Latins ; who had the full Power of 
all things in their hands, which Power was not aftri&ed by any Bonds' 
of 'Laws, nor obnoxious to the cognition of Judges. Therefore in both, 
Languages, as you know, not only the Noble Heroes, and moft Famous 
Men,but.the chiefeftof the Gods,and fb Jupiter alio is called Tyrannus .- And 
that even by thofe who both think and fpeak Honourably of the Gods. 
M, I know indeed that well enough ; and the rather I much admire, 
whence k is come to pais, that that name now for fb many Ages is ac- 
counted 



The due Prwikclge of the Scotch Government. 33 

Counted Odious, and alfb amongft the mod grievous reproaches. B. It: 
feems certainly to have fallen out in this word, which haopen=th to be 
in many others ; for if you conftder the nature of Words, it 'hath 
no evil in it. And albeit fbme words have a more pleafant found in the 
Ears of Hearers, and others a more unpleafant, yet of themfelvcs they 
have no fuch thing, fb as to ftir up the mind to Wrath, Hatred, or 
Hilarity, or otherwife to Create pleafure or pain and trouble. If any 
fuch thing befal us, that happens to fall out ufually, not from the Word , 
but from the confuetude of Men, and Image thereof conceived by the 
Hearers. Therefore a Word which amongft fbme Men is honeft, amongft. 
others cannot be heard with fbme Preface of, with reverence. M. I remem- 
ber that the like is befallen the names of Nero and Judas, whereof the 
one amongft the Romans, and the other amongft the Jews was accounted 
by great Men very Famous and honourable. But thereafter by no fault 
of thefe names, but of thefe two Men, it hath come to pafs, that even 
the moft flagitious Men will not have thefe names to be given their Chil- 
dren.- They being Buried under fuch infamy. B. The fame alfo is per- 
fpicuous to have befallen the Word Tyrant, for it is credible, that the rlrft 
Magiftrates, who were thus called, were good Men ; or from hence, 
that this name was fbmetime fb Honourable, that it was attributed to the 
Gods. But thofe that came afterwards made it fb infamous by their 
wicked Deeds, that all Men abhorred it as Contagious and Peftilentious, 
and thought it a more light reproach to be called an Hangman than a 
Tyrant. M Perhaps it was the fame as befell the Kings in Rome after 
the Tarauinu were depofed in the name Dictator after M. Antonius and P. 
Dolc.be'U were Confuls. B. Juft fb. And on the contrary, bafe and vulgar 
names have been made Famous by the Vertue of Men called thereby. 
As amongft the Romans, Camillus, Metellm, Scropha ; and amongft the Ger- 
mans, Henry, Genfericl^, Charles. This you fhall the better underftand, it 
taking away the name of Tyrant, you confider the thing, notwithstand- 
ing that this kind of Government hath continued in its former Honour 
and Refpect. amongft many Famous Nations, as the Aifymnet* amongft 
the Grecians, and the Dictators amongft the Romans : For both were law- 
ful Tyrants. Now Tyrants they were, being more powerful than the 
Laws j but lawful they were, as being chofen by confent of the People. 
M. What am I hearing ? Tyrants and yet lawful ? Indeed I did expect 
a far other thing from you ; but now you feem to confound the differences 
of all Kings and Tyrants. B. Indeed both Kings and Tyrants amongft 
the Ancients feem to have been altogether one and the fame, but I fup- 
pofe in divers Ages i For I think the name of Tyrant3 was more Ancient ; 

F z there" 



34 The due Priviledge of the Scotch Government. 

thereafter when they became weary of the name, in their place fucceeded 
Kings by a more plaufible name, and more gentle Government \ and 
when thev alio began to degenerate, the moderation of Laws were ad- 
hibited, which might fet limits to the boundlefs Luftsof their Govern- 
ment. Now Men according to the exigence of times, and their ufual 
way, feeking out New Remedies became weary of the Old way of Go- 
vernment, and fbught out New ways. Now our prefent purpofe is to 
handle both kinds of Government, namely that wherein as well the 
Government of Kings as of Laws is the moft powerful ; and the worll 
kind of Tyranny, wherein all things are contrary to a Kingdom, and 
have undertaken to compare them one with another. M It is Co. And 
I eameftly expert you would fall upon that. B. At hrfl: then we had 
agreed, that a King was Created for maitaining humane Society, and 
\v & e determined his Office and Duty, that by the prefcript of Laws he- 
mould allow every Man his own. M I do remember that. B. Firft 
then, he that doth not receive a Government by the will of the People, 
but by force Invadeth if, or intercepted! it by fraud, how {hall we call 
him ? M I fuppofe, a Tyrant. B. There be alfo many other differences, 
which I {hall briefly run through, becaufe any Man may eahly Colleft 
them from Arifiotle : For the Government of Kings is according to Na- 
ture, but that of Tvrants is not. A King doth Rule his Subject, and 
Reign over them by their own Confent. Tyrants Reign over them, 
nill ""'they will they. A Kingdom is a principality of a Free Man 
among Free Men : • Tyranny is a principality of a Matter over 
his Slaves. For defence of a Kings fafecy the Subje:rs Watch and 
Ward, for a Tyrant Forrainers do Watch to opprefs the Subjcas. The 
one beareth Rule for the Subjeds well-fare, the other forhimlelf. M. 
What do you fay of thofe who have gotten into their hand theSupream 
Authority by Force and without the Peoples Confent, and yet for many 
Years did fo Rule, that the People were not weary of their Govern- 
ment ? For what could be wanting in Hicro the Snacufan King, or in 
Co/mo dc McMces the Flcrentwc Duke to make them juft Kings, except the 
Peoples furTragcs ? B. Indeed we cannot exempt them out or the num. 
her of Tyrant?. For it was Nobly fpken by a notable Hiltonan, albeit 
you may indeed Rule your Countvyand Friends by Violence and Force, 
and Corxefit their Faults, yet it is unfeafonable. Tnen again, fuch do 
fcem to do juft like Robbers, who cunningly dividing their ill gotten 
Goods, do feek the praife of Juftice by injury, and of liberality by Rob- 
bery, yet do nor obtain what they hunt for; by the odioulnefs or one 
ill iced they fxfc, all the thanks of their Oftentative bounty, and (o 
much the kfi affuranceof their Gvil difpofition do they give their Sub- 
jects, 



The due Peiviledge of the Scotch Government. g 5 

jects, and that becaufe they do not that for their Subjects good, bur. 
for their own Government, namely, thac they the more fecurely may en- 
joy their own Luffs and Pleafures, and eftablifh a foveraignty over the 
Pofterity to come , having fbmewhat mitigated the Peoples hatred. 
Which when they have once done, they turn back again to their old 
manners. For the fruit which is to follow may eafily be known bv 
the fbwre thereof. For he hath the fame flrength and power to re- 
voke all things at his pleafure, and to transfer unto himfelfthe flrength 
or all Law?, even as if he would abrogate all Laws. But this kind 
of Tyrants had been perhaps tolerable, if without the common ce- 
ifrucfion of all it could have been taken away, even as we do en- 
dure fbme bodily Difeafes, rather than threw our life into the hazard 
of adoubtfbme Cure. But they who bear rule, not: for their Country's 
good, but for their own lelf intereffs, have no regard to the publick 
utility, but to their own pleafure and lufr,thev place the {lability of their 
Authority in the Peoples weaknefs, and think that a Kingdom is not a 
procuration concredited to them by God, but rather a prey put into their 
hands. Such are not joyned to us by any civil Bend, or Bond of huma- 
nity, but fhould be accounted the greatell Enemies of God and of all 
Men. For all the actions of Kings mould aim at the publick fafety of 
their Subjects, and nor at their own wealth. By how much Kings are 
raifed above other Men, fo much fhould they imitate the Celeftial Bodies, 
which having no good offices of ours given to them ; yet do infufe oa 
human Affairs a vital and bountiful vertue of heat and light. Yea the 
very Titles wherewith we have honoured Kings fif you remember) 
might put them in mind of their Munificence* M Me thinks I re- 
member, namely that they mould ufe a Paternal indulgence towards their 
Subjects committed to them as towards Children j the care of a Shepherd 
in procuring their profit ; as Generals in maintaining their fafety, as 
Governours in excellency of Vermes, and as Emcerours commanding 
thofe things which might be ufeful, B. Can he then be called a Father 
v ho accounts his Subjects Slaves ? or a Shepherd, who doth not feed his 
Flock, but de?oureth them ? or a Pilot who doth always ftudy to make 
fhipwrack of the goods in his Ship, and who as (they fay J makes a 
Leek in the very Ship wherein he fails ? M. By no means. B. What is he 
then, who doth not Rule for the Peoples good,but frill doth all for himfelf, 
'.o doth not ftrive wirh good Men in Vertue, but contendeth to exceed 
the mull flagitious wretch in Vices? who leadeth his Subjects into rnanifefl 
Snares . ; M. Indeed fuch fhall not by me be accounted either a General, 
01 Emperour, orGovernour. B. If you then fhali fee any ufur ping the 

name 



i& The due Pr'roiledge of the Scotch Oovermiem. 

name of a King, and in no kind of Vertue excelling any of the People 
but inferior to many therein, not fatherly affectionate towards his 
Subjects, but rather o'pprefling them by arrogant domineering, and 
that thinketh the People is concrediied to him for his own gain, and not 
for their fafeguard. Will you imagine that fuch a Man istruely a King, 
albeit he goes vapouring with a great many in Guard about him, and 
openly be feen with gorgeous Apparel, and make a fhew of Punifh- 
ments ? can he conciliate the People, and catch their applaufe by Re- 
wards, Games, Pompous fhews, and even mad underminings, and what- 
ever is thought to be Magnificent? will you, I fay, account fuch a 
Man a King ? M. Not indeed, If I would underftand my felf ario-hr, 
but void of all human fbciety. B. Within what limits do you circumfcribe 
human fociety . : M. Within the very fame limits wherein by your preced- 
ing difcourfe you feemed to include it, namely within the Hedg of Laws. 
Which whofbever trangrefs, be they Robbers, Thieves, or Adulterers, I 
fee them publickly punifhed, and that to be accounted a juft caufe of 
their Punithment, becaufe they tranfgrefled the limits of human fociety. 
£. What fay you of thofe, who Would never once enter within thefe 
hedges ? M. I think they fhould be accounted Enemies to God and 
Men, and reckoned a'mongft Wolves, or fbme other kind of noifome 
Beads, rather than amongll Men : which whofbever doth nourifh, he 
nourifheth them for his own deftruc/tioa and others.- and whofbever 
kilbth them, doth not only good to himfelf, but to all others. But if 
I had power to make a Law, I would command fwhich the Romans were 
wont to do with Monfters^ fuch kind of Men to be carried, away intofc- 
larary places, or to be drowned in the depths of the Sea, a far from the 
light of any Land,lefl: by the Contagion of their Carcaflcs they mi°htin- 
recl other Men. And rewards to the killers of them to be difcerned not 
only by the whole People, but by every particular Perfon ; as ufeth to 
be done to thofe who have killed Wolves or Bears, or apprehended their 
Whelps. For if fuch a Monfter fhould be Born,and fpeak with a Mans 
voice, and have the Face of a Man, and likenefs of other Parts, I 
would have no fellowfhip with him ; or it any Man devefted of hu- 
manity fhould degenerate 'into fuch cruelty, as he would not meet with 
cX\cr Men but for their dcfrruc"rion. I think he fhould be called a Man 
no more than Satyrs, A pes, or Bear?, albeit they fhould refemble Man 
in countenance, geftureand fpecch. B. Now if I miftake not, you un- 
derstand what a King, and what a Tyranat the wifelf Antients meant in 
ttierr Writings. Will it plcafe you then that we propofe fbme Idea of a 
Tyrant alfb, fuch as we gave in fpeaking of a King ? M Yes, that I 

do 



The due Priviledge of the Scotch Govermient. 3 7 

do earnellly defire, if k be not^a trouble to you. B. You have not for- 
got, I fuppofc, what by the Poets is fpoken of the Furies, and by our 
Divines of the Nature of evil spirits, namely, that thcfe fpirits are Ene- 
mies ot Mankind, who whilft they are in perpetual Torments, yet do 
rejoyce in the Torments of Men. This is indeed the true Idea of 
Tyranny. But becaufc this Idea can only be dilcerned in the ima- 
gination, but not by any of the fenfes, I fhall fet before you another 
Idea, which not only the Mind may difcern, but the fenfes alio per* 
ccive, and as it were reprefentcd to the very Eye. Imagine you 
ice a Ship tolled by Waves in the Sea, and all the Shoars round 
about not only without Haven or Harbour , but alio full of moll: 
cruel Enemies, and the Mailer of the Ship in conteft with the 
Company, and yet to have no other bope of fafety than in their 
fidelity, and the fame nor certain, as knowing well that he puts his 
life into the Hands of a moll barbarous kind of Men, and void of 
all humanity,, whom by Money he may hold trufly, and who for greater 
gain may be conduced to fight againll him. Such indeed is thai: life 
which Tyrants embrace as happy. They are afraid of Enemies abroad, 
and of their Subjects at home, and not only of their Subjects, but 
of their Domellicks, Kinsfolks, Brethren, Wives, Children and near 
Relations. And therefore they have always War, either a Foreign 
War with their Neigbours , Civil War with their Subjects, or a Do- 
mellick War within doors, or elfe they are llill in fear thereof. 
Neither do they expect aid any where but by a Mercenary way, 
they dare not hire good Men, nor can they trull bad Men 5 
what then in all their life can be to them pleafant ? Dionyfms would 
not let his Daughters once become Women to trim him, fearing: 
to let the Razor come to his Throat. Temoleon was killed by his 
own Brother , Alexander Plxiraus by his own Wife , and Sp. Cajjias- 
by his own Father. He that Mill hath fuch Examples fet before 
his Eyes, what a Torture do you imagine he carrieth about in his 
Breall ? Seeing he thinks that he is the mark fet for all Man- 
kind to flioot at. Neither is he only, while awake, tormented with 
thefe tortures of Confcience, but alfb is awakned out of his Sleep by 
terrifying fights both of living and dead, and agitated by the Fire- 
brands of heliifh Furies. For the feafon which Nature doth grant for. 
reft to all Creatures, and alfb to Men for relaxation of their Cares, 
to him is turned into horrours and punifhment. M. Forfboth you 
have handled thele things very acutely, but I know not if truly alfb, 
but yet, if I miitake not, they make not fo much for our purpofe, 

For 



5~8 The due Priviledg of the Scctch Government. 

For they who have the power tochoofe what Kings they pleafe, in 
them is the power to bind by Laws fuch as they have chofen. 
But you know that our Kings are not chofen, but born Kings. 
To whom I have always thought it to be no lefs hereditary, that 
their will and pleafure fhouldftand for Law, than the Kingdom it 
felf. Nor am I rafhly induced to be of this opinion, but convinced 
by feveral great Authors, with whom I am not afhamed to be mis- 
taken, (if at all I be in any miftake or crtour.) For not to make 
mention of others, Lawyers do affirm, that by the Royal Law 
which is made for the Government of Kings, all the Peoples 
Power is fo tranfmitted into them, that their will and pleafure 
fliould be accounted for Laws. And indeed from this Law did 
thofc threatnings of a certain Emperour arife, that he would quite 
take away from Lawyers all their fcienccs, wherein they fo much 
boaft, by one Ed id. B. You do very well, that whi lft you cite 
a moft wicked Author of one of the greatest deeds, thought good 
to fupprefs his name. For that was C. Caligula, who wilhed but 
one Neck for all the people of Rome. Now in that Emperour 
there was nothing of a man, far lefs of a King, befide his fhape, 
you are not then ignorant how much Authority may be due to 
tiim. Put as tor the Royal Law, what it is, when, by whom, and 
in what words it was made the very Lawyers make no mention. 
For that power was never in any of the Roman Emperours, feeing 
from them appeals were made to the people. Butjthat ordinance, 
whereby L FLiccus having opprcfTcd the Liberty of the People 
of Rome-) cftabjiihed by the ii'ence of other Laws \ t lie Tyranny 
of L. Sy//a y no man did ever hold for a Law. For or that ordi- 
nance fuch was the flrength , rhat whatever L. Sylla had done % 
fhould be ratified. Which Law never any free people was fo 
infatuate, as willingly to permit to be impofed on them. Or if any 
fuch were, he were indeed worthy to ferve perpetually Tyrant r , 
and be punifhed for his folly. But if any fuch Law have been, let 
us think it was an example propofed to us for caution, but not for 
imitation. 

■ M. Indeed yow admonifh kcII. But that admonition belong- 
exh to them in whofe power it is to create fuch Kings as molt 
pica 1c them, but to us it doth rot at all belong, who do not by 
iufl rages eleel the belt. Kings, but accept of thofc that by chance 
art giflfe us. That alfo of a certain Lawyer leans properly to qua- 
drate with us, who have given to our Kings Ancfjhrs that right 
and authority over us and our pofierity, that they and their pofte- 

ritv 



The due Privilege of the Scotch Govr/>wem. 3? 

my fhould perpetually hold their Empire and Authority over us. 
I wifh then you had admonifhed them (I mean our Anctfiors) who 
once had it in their own power entirely to admit foch Kings as 
they pleafed. But now that Counfel of yours too late ferves only 
for this, not to amend the faults that are not in our power, but 
deplore our Anceftors folly, and acknowledge the mifery of our 
condition. For what can be left to thofe that arc made Haves, 
but to be punifhed for other mens folly ? And that our punifhrnent 
may be made more light, let us afTwagethem by patience: let us 
not provoke their wrath, by tumultuaring importunely, whole 
dominion over us we cannot cart off, nordiminifh their power, 
nor flee from their force or weaknefs. Now that Royal Lav/, 
to which you are fo much an Adverfary, was not made in fa- 
vour of Tyrants, as you would have it feem to be, becaufe it was 
approved by Juflinian a very juft Prince. With whom fo plain 
flattery would not have had place. For with a foolifh Prince that 
of the Poet wosld prevail whom do th falfe honour hel^ or lying 
infamy terrify, but a lewd man and a lyar .? B. Indeed Jaftinian,zs Hi- 
(lory reports, was a great mighty Man albeit fome do report him 
to have been cruelly ingrate to Bdlifarim. But let him be fuch 
as you judge he was, yet you may remember, that it is recorded 
by fome almoft of that fame age with him, that Trifonius, a 
chief Man amongft the compilers of thefe Laws, vtM a very 
wicked Man, and fo might eafily be induced to gratify alfoa 
very bad Prince. But even good Princes do not hate this kind of 
flattery. For Even thofe who will not kill any man, do yet defire to 
have it in their fower^ and there is nothing which he dare not believe 
of bimfelf, feeing his power equal to that of the Gods is commended. 
But let us return to our own Princes : to whom you fay the King- 
dom doth come by inheritance and not by fuffrages. Now of 
our own only I fpeak, for if I (hall digrefs to fpeak of Foreign 
Princes, I fear left our difcourfe become more prolixe than we in- 
tended. M. I think you fhould do fo. For Foreign Affairs do 
not much belong to our difpute in hand. B. That I may there- 
fore begin at the firft Principles. This is fufiiciently agreed upon, 
that our Princes were chofen for their Vertuc, who fhould go- 
vern others. M. So do the Writers of our Affairs record. B. 
Nor is this lefs known, that many who have Reigned cruelly and 
wickedly have been called to account by their Subjects .• fome ad- 
judged to perpetual Imprifonment, others punifhed partly by exile, 
and partly by death, againft whofe killers no Inquifition was ever 

G made. 



4-o The due Priviledge of the Scotch Government. 

made, even when their Sons or Kinlmen wcic afliinacd intu their 
Head. But who ever had killed good Kings, were more feverely 
punilhed, fo as no where clfe was murther more feverely re- 
venged. And becaufe it would be tedious to rehearfe every one, 
I fhall produce ibme few of thele lalt Kings, whofe memory is 
molt recent. The nobility did fo grievouily punilh the Murther 
of James the Fit ft, ( having left as heir his Son of fix years of 
age) that by a new and exquifit kind of punifliment they put to 
death feveral Perfons of very Eminent Families, and Peers of the 
Land, both for wealth and vaffalage eminent .- On the contrary, 
who did condole the death of Jmti the Third, a Man flagitious 
and cruel ? far lefs revenge it > But in the death of Jme s the 
Fourth his Son, the fufpition of the Crime was punifbed with 
death neither were our Anceftors pioufly inclined towards good 
Kings, but aifo gentle and merciful toward wicked Kings.- For 
when one ot King Culens Enemies had killed him in his journey, 
whilft he is coming to give an account of his Adminiftration, he 
was feverely punifhed by a kntence of the Eftates of Parliament. 
And likewife was puniuSed as an Enemy,he who had killed Evenns 
in Prifon, who had been adjudged to perpetual bonds. And the 
violent death or parricide of him they punifhed, whofe wicked 
and vicious life all men had hated. M. I do not fo much inquire at 
prefent what fome time hath been done,as by what right Kings Reign 
amongft us. B. That we may therefore return thereunto, as in 
our firft Kings until Kenneth the Third, who firft fetled the King- 
dom in his own Family, it is very clear what was the peoples 
power in creating their Kings, and raking order with them, even 
fo it is neceiTary we know, that he either did that againft the peo- 
ples will, or by perfwafion obtained it. M. That cannot be de- 
nied. B. Moreover, If by force he compelled the people to obey 
him, then how foon the people began to have confidence in their 
own ftrength, they might have caft off that violent yoke of Go- 
vernment impofed upon them.- Seeing all Laws received by Kings 
and People do pronounce, and nature it felf doth call for it, that 
whatever is done by force and violence, may be undone by the like 
violence. M. What if the people beino; by fraud circumvented, or by 
fear forced did furrender themfelves into that Slavery : what for ex- 
cufe can be pretended,but that they perpetually continue in that cafe, 
into which it was once agreed they were to be in ? £.If you debate with 
me from that agrcement,what excufe there is for undoing the fame. I 
fhall on the other hand lay down fome reafons why pactions and a- 

greements 



The due Privtledge of the Scotch Government 41 

grccments may be diiTolved. And firft of all, fuch as arc made 
through force or fear, in all Common-wealths, concerning thefe 
there is a fure Law, drawn from Natures fpring. Laws allow re- 
m'tucion to be fully made to fuch as are by fraud circumvented, 
and think that it lhould be kept for Pupils, and fuch other Per- 
fons, whobv jufr Law they would have to be defended. What 
Aflembly therefore of Men can require more juftly to have re- 
fh'tution, then a whole people ? to whom the wrong is done, which 
indeed is not done againft one part of the Common-wealth, 
but floweth far abroad into all the Members of that politick Body. 
M. I know this Law to be made ufe of in the cafes of private 
Perfons, nor is itunjuft. But there is no ncceffity we fhould debate 
herein, feeing it is far more credible ( which is recorded by H£- 
frorians) that that right was by the peoples will granted to Kings 
B. It isalfo credible that fo great a matter was not obtained with- 
out fome great caufe. M. I do eafily afTent thereto. B. What 
do you think was the chief caufe thereof? M. What other, ex- 
cept that which is recorded ? wearifomnefs of ambition, Tumults, 
Murthers, inteftine Wars, often with the utter deftruclion of the 
one party, and always with very great damage of both. For 
fuch as did obtain the Government, endeavoured to cut off their 
Brethren, and almolt all their near Kinfmen, that they might 
leave the Government the more peacable to their Children, even 
as we hear is done amongft the r^, and as we fee aoiongft the 
chief of the Clanns in our Ijlands, and in Ireland. B. To which 
ofthetwodo you think was that contention molt pernicious, to the 
People or to the Princes i M. Cettainly to the Kings, feeing the 
greateft part of the people fecuring themfelves doth ufually (tand 
Spectators of Princes contefts, and yield always as a prey to the 
Victors. B. It feems then that Princes rather for thcmfelves,than 
for the good of the people defired to eftablifh the Kingdom in 
their own Family. M. That is very probable. B- Now that 
they might obtain that which did fo much concern the perpetual 
dignity, wealth and fafety of their Family, it is probable, that they 
did difpenfe or remit to one another fomewhat of their 
right: and that they might the more eafily obtain the peoples 
good will, liking and confent, they on their part gave them fome 
eafe. M. I believe that. B. You will certainly confefs it incredi- 
ble, that for fo great a benefit bellowed on their Kings, they 
ihould endure to be in a worfe cafe than formerly they were in. 
M. It is altogether incredible. B. Neither would Kings have de- 

G 2 fired 



41 The due PrrJiledge of the Scotch Government. 

fired rt with To great Ambition, if they had known It would prove 
hiirtaij to their Children, and unprofitable to the people. M. Nor 
at all. B. Imagine then that fomc one in Parliament of the free 
people did freely ask the King, what if to any King {hould fuc- 
cecd a Son that is a fool, or mad > Will you let fuch over us to 
Rule us 5 who cannot rule or govern themfelves ? M. I think 
there was no need to make ufe of that exception, leeing by the 
Laws it is provided againft fuch a cafe. B. Well faid indeed. 
Let us then fee, if Kings had obtained from the people a free 
power over the Laws, whether that had been unprofitable, efpe- 
cially to thofe who defired to forefee the good of their own Fa- 
mily in time coming. M. Why (hall we think that that Power 
\*ould be unprofitable? B. Becaufe nothing doth fo much con- 
tribute for the continuance of a Government, as that tempera- 
ment of Government, feeing it is both honourable for Kings, and 
moderate, and laic for the people. The mind of Man hath 
fomewhat fublime and generous imbred therein by nature, that 
it will obey none, unlefs he govern profitably .- Nor is there any 
thing more prevalent for maintaining humane fociety, than the 
mutual exchange of benefits, and therefore Theo^ompvs feems to 
have wifely anfwered his Wife upbraiding him that by adding the 
Efbory he had diminifhed the Power of his Authority, and had 
left the Kingdom to his Sons lefs than he had gotten it. It is, 
faith he, fo much the more firm and fure. M. What you re- 
late of continuance, I perceive is moit true. For I think the King- 
doms of the Scots and Danes are the molt Ancient cf all that are 
\v, Europe, nor dd they feem by any other means to have attained 
that antiquity, than by the moderation of the Supream Au- 
thority, wnilft in the mean time the Kingdoms of the Frenches, 
Engines and Spaniards have part fo often out oi one Family into 
another. But I do not know if our Kings have been fo wife as 
iheofomfm. B. As they have not been fo prudent, do you ima- 
gine that the people were fo foolifh, as to neglect an occafion fo 
opportune put into their hand . ; or that they were [o {truck with 
fear, 'or feduced by flatteries, as to give themfelves over into 
flavcry willingly ? M. Perhaps it was not. But if the people 
f which indeed might be) were fo blind, that they did not fee what 
might concern their own good, or being carelefs would not fee 
what might be for their benefit, fo as to contemn it, {hould they 
: ot then be juftly punifhed for their folly ? B. It is not probable, 
that any fuch thing was done, feeing we may fee the contrary to 

be 



The due Pnvi'edge of the Scotch Government. 4} 

be obfcrved even to our chys. For brides that wicked King?, as 
often as they intended Tyranny over their Subjects, were always 
retrained, fome Veftiges of the Ancient Cuftoms do yet continue 
in fome Ancient Families. For the Old Scors even to our verv 
days do choofe their Heads of Clans, and having chofen them, do 
give them a Council 0} Elders, to which Council whofoever gives 
not Obedience, is deprived 6f all Honour and Dignity. VVhat 
therefore is with very great care obferved in the pans, would they 
b: n:gligmt of for the fecurity and fafety of all ? And would they 
willingly redact themfelves into Bondage to him, who was to 
poilefs a lawful Kingdom inftead of fome benefit ? and would they 
freely give over their Liberty acquired by vertue, defended by arms, 
not interrupted for fo many Ages, to on? not expecting it, without 
force, without War .- For the calamity of John Baliol doth (hew 
that that power was never granted to our Kings , beiides the pu- 
nilhmentsfo often taken for their Male-adminiftration. Who about 
two hundred andfixty ytars ago was by the Nobility rejected , be- 
caufe he had fubje&ed himfelt and his Kingdom to the authoritv 
of Edward King of England , and Robert the firft was fubfti- 
tute in his ftcad. The fame doth alio (hew that perpetual Cu- 
ftom continued from the beginning of our Government. 

M. What cuftom do you fpeak of? £. When our Kings are 
publickly inaugurated, they folemnly promifeto all the people, that 
they will obferve the Laws, Rites and old Statutes of their prede- 
ceilors and ufe the fame power which they have received from 
them , that whole order of ceremonies doth (hew, and the firft 
entry of our Kings into every City , from ali which it may be 
Cafily underftood, what kind of power they did receive from 
our predeceflbrs, to wit, none other than that they fwear to 
maintain the Laws being chofen by fuffra^es. This condition of 
reigning did God propofe to David, and his pofterity, and pro- 
mifeth they fhould reign fo long, as they fhould obey the Laws 
he had given them, thofe things indeed they do , as is pro- 
bable that our Kings received from our Anceftors a power nor 
immenfe, but within certain limits bounded and limited. And 
further there was the confirmation of a long time, and the ulur- 
pation of a perpetual right by the people, never reprehended by 
a publick decree. M. But I fear it cannot be cafily obtained ot 
Kings as being perfwaded by that probability to condefcend to 
thefe Laws however fworn unto, or ufurped by the people. *B, 
I alfo believe, it is no lefs hard to perfwade trie people to pais 

from 



44 The due Privikdge of the Scotch Government. 

from the right received from their Anceftors, approved by the 
ufc of fo many ages , and practifed by one continual tenour. 
I do not think it needful to proceed by conjectures what the 
people is to do, fince I fee what they have done already. But 
\[ by the obftinate pertinacy of both the bufinefsthey come to Arms, 
he that prevaileth will give what Law and right he pleafeth 
to rhe vanquished : but this will no longer continue than he who 
is vanquifhed, having again gathered together his forces, fliall 
rake up Arms again. In all which contentions men ufually (till 
fight with very great damage of the people, but with the utter 
overthrow of Kings. For from this Spring do flow all the de- 
ftructions of all Kingdoms. M. It mail needs be To. B. I have 
perhaps gone back further than was needful, to the end you 
might clearly undcrftand what kind of Government there was 
amongft us of old. For if I had reafoned with you according 
to the rigour of the Law, I might have gained my point in a 
far more compendious way. M. Albeit you have almoft facis- 
fied me already, yet I ftall willingly hear what that is. B. I 
would then have you firft of all to anfwer me this qucftion. Do 
you not approve the definition of Law fet down by Lawyers, who 
lay that Law is, that which the people knew when demanded by 
him to whom the Prerogative of demanding belongeth. M. 
Indeed I do approve ir. B. We have agreed, that the faults of 
Laws being found out, they may be amended or abrogated by the 
Law- givers. M. We did fo. B. I fuppofe you perceive now, 
that fuch as are born Kings are by the Laws and fuffrages of 
the people created, no lefs than thofe whom we faid were elected 
in the beginning, and that in receiving of Laws there will not be 
Remedies wanting in the people, who are the Lawgivers, not 
only againft force and fraud, but alfo againft negligence. M. I 
perceive that clearly. B. Only here is the difference, that the 
Law concerning our Kings was made feveral ages before, and 
when any doth enter into the Kingdom, there ufcthto be no new 
Law made, but the old Law is approved, and ratified. But a- 
mongft thofe who have their meeting of Eftates at rhe Election 
of every King, the Law ufeth to be made, the King created and 
approved, arid (o to enter into his Government. M. It is Co. 
B. Now if you pleafe, let us briefly recapitulate what we are at 
accord in from the very beginning. So that U' ought be rafhly 
approved, it may be retracted. M. I am content. B. Firft of 
all then , it feems that a King is created for the Peoples fake, 

and 



The due Privikdge of the Scotch Govermtnt. 4? 

and that nothing more excellent is given us of God than a good 
King, and more Peftilentious than a wicked King. M. Very 
right. B. We have alfo faid that a wicked King is called a 
Tyrant. M. We have faid lb. B. And becaufe there is not 
fuch plenty of good men, fo as to choofe thofe who may prove 
good Kings, nor fo great a happinefs of Birth, as that good 
Luck may offer us thole that are good : i( we have not fuch 
as we would wifh, yet we have fuch as either confent hath ap- 
proved, or chance hath offered. Now the hazard that occureth 
either in choofnig new Kings, or in approving fuch as are given 
us by Birth, was the caufe that we defired Laws, which might 
modify the Government of Kings. Now thefe Laws fhould be 
nothing elfe but the exprefs Image fas far as may be) of a good 
Prince. M. We are at accord in that alfo. B. It now remai- 
neth, as I fuppofe, for us to fpeak of the Punifhment of Tyrants. 
M. That only feems to remain unfpoken of. B. If then a King 
break all the Bonds of Laws, and plainly behave himfelf as a 
publick Enemy, what think you fhould be done in this cafe $ 
M. Indeed I am at a ftand here. For albeit the reafons you have 
given feem to convince me, that we ought to have no fbciety 
with that King, yet fo great is the ftrength of a conflant cuftom 
that in my opinion it hath the ftrength of a law. Which 
cuftom doth fo clofely cleave to men in their minds, that if at 
any time it hath brought in an errour, better it is to tolerate it, 
than to marr the Conffitution of the whole Body, whilft we en- 
deavour to Cure a DKcak that is but fmall by cuflom. For 
fuch is the Nature of fome difeafes, that better h Is to endure the 
Pain they bring, than to call for doubifom remedies, in the apply- 
ing whereof, albeit (be Cure may be wrought, yet they bring fuch 
fharp Pains in their Cure, as that the Cure of the Difeafe is more 
pernicious than the Difeafe icfelf. Next, that which troubles me 
more is, I fee that Government which you call Tyranny, con- 
firmed by the Word of God, and what you abhorr as the utter 
overthrow of Laws, God doth call the Law of the Kingdom ; the 
Authority of that paiTage of Scripture doth move me more than 
all the Arguments of Philofophers. If you do not explain this to 
me , the comments of Men will not be of fo greac account with 
me, but that I may inftantly fall away to the Adverfaries fide. 
B. You are, as I perceive, in the common errour, and that very 

fricvous, who do endeavour to confirm Tyranny by Tyranny. 
or how great the Tyranny of cuftom is in the minds of men, 

wherein 



\6 The due Prlvikdgt of the Scotch Government. 

wherein it hath taken dcepeft root, and too often we have found 
it in this our age. Herodotus an Ancient writer doth give us 
warning by an eld example, but I need not old examples. Be 
well advifed. Confidcr with your felf how many things there 
be of great moment, wherein you following the dictates of rca- 
(on have fallen from a cuftom inveterat fo many ages pair, fothat 
now you might have learned by Domedick experiments, that there 
is no cuftom more full ol dangers than that which in a publick way 
they command us to follow. I bid you look well to it round a- 
bont, how many ruins, and how great {laughters will you fee 
therein? but if it be more clear (as we fay) then the very light, 
I need not tarry longer in proving or Illuftrating a thing fo perfpi- 
cucLis. Now as for that pafTage of Scripture, which from the 
Hiflory of the Kings you rather lignify than explain, beware, I 
pray you, you think that the things which God doih abhor in 
the life of Tyrants, are by him allowed to Kings. Now left this 
be, I bid you firft confider what that people fought of the Lord : 
then what caufes of a new petition they had, laftly, what the 
Lord did anfwer them. Firft, they ask a King, but what a King? 
a Lawful King ? fuch a one they had. For Samuel was given 
rbem by rhe Lord, whofe Prerogative it was to fet a King over 
them. He had for many years judged them Lawfully according 
to prefcript of God's Law .- but whilft in his old Age his Sons did 
judge, they did many things wickedly, and judged contrary to the 
Laws. I fee no rcafon why they (hould ask the change, or rather 
Amendment of the Government, or expect the fame from the 
Lord, who not long before had quite rooted out the whole Fa- 
mily of Heli, almoft for the like caufe. What do they ask I A 
King, fuch as their Neighbouring Nations had, who at home 
might be a judge to them, and abroad a leader of their Armies. 
Now in effect fuch were Tyrants, for as the People of Afia are 
of a more fervile difpofition than thote of Europe, (o did they the 
more cafily obey the commands of Tyrants. There is no men- 
rion made for ought 1 know, by an Hiftorian of any Lawful King 
in Jjia. Movcover, it doth cafily appear that a Tyrant, and not 
a King is there defet ibed, in regard the Lord in Deuteronomy 
had prescribed to them a form not only different from this in that 
place cited by you, but alfo plainly contrary thereto, according 
to which form Samuel and the other judges had judged fo many 
vcars, which whilft they did reject, the Lord complains, that he 
was by them rejected. M. But the Lord doth not call him Ty- 
rant, 



The due Prtviledge of the Scotch Government- 47 

rant, but ever King. B. He calls him indeed King: for it is p> 
culiar ro the L rd, to ufe the common Speech of the People, as 
o'ten as he fpeaketh to a people. And therefore he makech ufc 
of that word with the Vulgar People .- but left &n An bigpoiis ufe 
the eof might deceive, he do:h Eloquently expound what the 
ufc of that word was amongft Neighbouring Nations. M As 
that may be true, yet that of the Aportle Pad loth urge us rmre 
narrowly, who commands us to pray for the faf:::y of Princes : he 
isfo far from permitting us to revile Gdyernrnent, m ich lefsro 
dethrone fuch as arc invefted therewith, or to kill them being 
thrown down. But what Princes doth he recommend to our 
Prayers? the moft cruel that ever were, Tiberiis, Caligula, Clau- 
dius Nero. For Pads Epiftles were almoft contemporary with 
them. B. That vou make (o much account cf the Authority 
in Paul, fo as one Sentence of his hath more weight with you than 
the writings of all Philofophers and Lawyers, I think you do well : 
but fee that you confider well his judgment, or meaning .- for you 
mud not examin the words only, but in what time, to whom, 
and why he wrote. Firft then let us fee what Pa/d did write. For 
he utireth to Titus. Chap. }. Put them in mind to be Subject to 
Principalities and powers, and to be ready to every good work. 
I fuppole, you fee what end of obedience and fubje£Hon he ap- 
points. He likewife to Timothy Chap. 1. Doth write, that we 
Ihould pray for all men, even for Kings, and orher Magistrates, 
that faith he, we may live a peaceable life in all Godlinefs and 
honefty. And here you fee what end of praying he appoints : 
namely not for the Kings fafety, but the Churches Tranquillity, 
from which it will be no difficult thing to conceive alfo the form of 
Prayer. Now in his Epiftle to r>e Romans, he doth define a King 
near to a Logick fubtilty, for faith he, he is a Minifter to whom 
the fword is given by God, for puniftiing the wicked, and for 
cherifhing and relieving the good. For faith Cbrifoflome^ thefe 
things are not bv Paul written of a Tyrant, but of a true and 
Lawful Mag : ftrate, who is the Vice-gerent of the true God on 
Earth, whom whofoever refifteth, doth certainly reflft the ordi- 
nance of God. Now albeit we ought to pray for wicked Princes, 
we fhould not thence conclude, chat their vices fhould not be 
punifhed : nor will it more follow that we fhould not punifh the 
rapines 0$ Robbers, for whom we are alfo commanded to Pray. 
And if we ftnuld obey a good Prince, it will not therefore follow 
that we fhould not refill a wicked Prince. But if you confider the 

H reafoc 



48 Ihc due Privilege of the Scotch Government. 

reaicn which did move Paul to write thefc things, look that the 
place or Argument make net much agaiwft, you. For he wrote 
this to chaftife the rafhnefs of (bine, who did deny the Authority 
of Magima-.es to be neceffary for Christians. For fince the 
power of Magiftrats 1$ ordained again ft wicked men, thac we may 
all live rightoufty • and an example of Divine Juftice might 
remain amohgft men, they affirmed that there was no ufe there- 
of amongft me;, who abhor fo much the contagion of vice% as 
that they are a Law to themfelves. Pa A doth not therefore fpeak 
of thofe who bear Rule as Magiftrats, but of Magiftracy it felt, 
that i$l of the function and office of thofe who rule : nor yet of 
one or other kind of Magiftracy, but of every form of a Law- 
ful Magiftracv- ' Nor doth he debate with thofe who think that 
wicked Magifttates fhould be reftrained, but with thofe men who 
deny all Authority of Magistrates , who abfurdly interpreting 
Qhnf.'nxn liberty, did affirm it to be an indignity for thofe that 
were made free by the Son of God, and ruled by the Spirit of 
God, to be under the power of any man. That Paul might re- 
fute their errour, he iheweth, that Magiftracy is a thing not only 
good, but alio facred, namely an ordinance of God, and for that 
end inftituted, that the aflemblies and incorporations of men might 
be fo continued, that they might acknowledge Gods benefits to- 
wards them, and might forbear to wrong one another. God com- 
manded them to be keepers of his Laws whojwere conftituted in 
dignity. Now if we confefs Laws to be good fas indeed they 
arcj' and the keepers thereof worthy of Honour, we will be forced 
to confefs that the office of the keepers is a good and profitable 
thing. But Magiftracy is terrible, but to whom ? to the good, 
or bad i to the gocd it is not a terrour ; it being to them a de- 
fence from injury : but to wicked men it is a terrour : it is not fo 
to you, who are ruled by the Spirit of God. But you will fay to 
me, what need have I then to be Subject to Magiftracy, if I be 
the Lords Freeman ? yea, that you may approve your kit to be 
the Lords Freeman, obey his Laws : tor the Spirit of the Lord, by 
whom you boaft to be led and governed , is both the Law-giver, 
and approver of Magiftrates, and alfo the Author of obedience to 
Magiftrates. We therefore in this will eafily agree together, that 
there is need of JSlagiftracy even in the beft Common-wealths, 
and that we fhould every way honour the fame. But if any man 
think btherwife, we account him mad, infamous and worthy of 
all Punifliment . For he doth plainly contravene the will of God 

revealed 



The due Privilege of the Scotch Government. 49 

revealed to us in the Scrip urcs. But as for Caligula , Nero, Domiti- 
&n> and luch like Tyrants, why thev fhould not be punifhed as 
breakers of divine and humane Law, you have nothing here 
from Paul, who treats of the power of Magiftrates, but not of the 
wicked Minifters of that power, nor wil) they be at all Magi- 
ftrates, it ybn examine that kind of Tyrants 'according to P;u!s 
rule. But if any will debate that wicked Princes are alfo ordai- 
ned by God^ look that this his difcourfe be not captious. Foii 
fas they fay in Proverb; God may put a hard wedge to cleave a 
hard knot, fo doth he fet up a wicked man for punifhrg oi 
wicked tnei 5 but no man in his right wits dare affirm, that God is 
therefore the Author of evil, or wickednefs, even as no man is 
Ignorant that he is the Author of punifting wicked men. A 
good Magiftrates alfo for the moil part choofeth a wicked man 
to be an hangman for punifhmg guilty Perfons. And albeit in- 
deed that a Magiftrate doth affume "fuch an hangman for that 
Office, yet no impunity is granted him of all his mifdeeds. Nor 
will the Magiftrate have 'him to be fo above the Laws, as that 
he cannot be queftioned thereby. I will not flay longer upon thii 
firnilitude, left Court flatterers cry out that I fpeak bafely of the 
lupream Magiftrate. But however they exclaim, certainly this 
they cannot deny, that the hangmans function is a part of the 
publicfc Office, and perhaps of the Royal Office, or at leaft by 
the Teftimony oi very Kings; who complain that their Majefty 
and Per fon is wronged, as oft as any of their publick Minifters is 
wronged, or violence done to them: Now the punifhment of 
wicked Malefa&ors, and whatever elfc of that kind, doth belong 
to the Rings office. What fav vou of Majors or Provofts m 
Towns.? what of Generals of Armies? what of Baillies ? What 
of Sherifs ? doth nor Paul command us to be fubje6t to them ? 
doth he hold them for private perfons ? Now an account ufeth 
to be taken for male-adminiftration of all, not only of Inferiour 
Magiftrates, but alfo of fuch as are equal to Kings. I would there- 
fore have them, who from Pauls words do dream that fo great a 
power is given to Kings, to (hew me from him, that Kings only 
are here to be underftood bv the name of power, and therefore 
they only are to be exempted from the Puniflimeni of Laws . or i^ 
when we fay powers, other Magiftrates be alfo underftood by the 
fame Author, who are ordained by God for the fame ufe ■• I 
would have them alfo to ftfew me, where all Magiftrates are loofed 
from the Laws, and pronounced free from the fear of Punifh- 

H x ment : 



50 "the due P/rviledgt of the Scotch Government. 

merit : or if this immunity be granted to Kings only, but denyed 
to others who arefct in Authority. M. But Paul will have all to 
be fubjc£r to the higher powers. B. He commandeth fo indeed, 
but by this name of Power he mutt needs comprehend other 
Magiftrates, unlefs perhaps we imagin that /Wdoth think no 
Power at all to be in thofe Common-wealths, which have not 
Kingly Government, but plainly an Anarchy therein. FA. I do 
net. believe that, nor is it probable : and the rather 1 am olthis> 
qpinfoiij becaufe the current of all the meft learned Interpre- 
ters on the place make for you ?| who think that Pa uh dilpute 
there was againft thofe that affirmed that no Laws and Magi- 
strates did at all belongto them. B. What fay you to that which' 
1 lately {poke. Do you think, that thofe Tyrants before men- 
tioned of all men the moft cruel,, are meant by the Apofile ? 

M. Yes, but what produce you againft me to hinder me frcm 
the belief rhercof? efpccially kmg Jeremy doth camefllvadvife the 
7^#*,and that by command of God,to obey the King of Jfyria^nd 
bv no means to lejecl his autority, and thence they infer by the 
like reafen, that obedience fhould be given to other Tyrants alfo 
how cruel iocver. B. That I mayanfwer firft to what you lallfpokc 
you muff rake notice, that the Prophet doth not command the Jem 
to obey ail Tyrants, but the King of Jfiyria ■ alone : Now if you 
wou dccncludc the Form of a Law from that which is comman- 
ded to be dene to one tingle Perfon, firft you are not ignorant (for 
Logick hath taught you that) what a great ablurditv you will 
make, next you will.be in danger to be alTaulted by the oppolers 
of Tyia: ny with the like weapons ; for you muff either (hew what 
tingular. thingthere is in that matter 5 or propofe it to be imitated by 
all every where.or if you cannot do this, you muff acknowledge, 
that whatever is enjoyncd concerning any one Perfcn by any fp?- 
eial command of God, it doth alike belong to all. If you fhall 
once a< J mjt this (which you muff needs do) it will be inftantly cb-- 
jccied,thar £h&b was killed by Gods command, and a reward was 
aifopiomifcdard performed to him that fhould kill him. Whene- 
ver therefore you betake } our fcKto that refuge s you mull obey all 
Tyrants.- becaufe God by his Prophet did command his people to 
obey cneTytant. It will be inftantly rcplyed , that all Tyrants 
out.hr alfo to be killed, becaufe Ahab at the command of God was 
killed by the Captain of his hofl. 7 hcrefore I advife you to provide 
a more firm defence from Scripture for Tyrants, or then laying the 
fame a fide at prefcot you may have your recour(c to the Philofo- 

phersj 



£l;e cite Prlviledgt of the Scotch Government. S 1 

phers School. Mlfhall indeed think upon it.But in the mean time 
let us return from whence we havedigreffed. What do you bring 
from Scripture, why Tyrants may be iawiully killed. B. Firff of all' 
I proffer this, that feing it is exprefly commanded to cutoff wicked- 
nefs and wicked Men, without any exception of rank or degree,and 
yet in no place of facred Scripture are Tyrants more fpaiedthan 
private Perlbns. Next, that the definition of Powers delivered by 
Pa'ildozh not wholly belongto Tyrants, becaufe they accommodate 
not the ffrength of their Authotity.for the benefit of the People,bur 
for fulfilling their own Luffs. Further wc fhould diligently cor. (ider 
how much Power Paul dothgia.it to Bifhops, whefe Function he 
doth highly and truly praife, as being fome way like unto Kings, 
as far as the nature of both their Functions can admit. For Ei r.ops 
arePhylitians of Internal Difeafes, as Kings are Phyfitiam of ex- 
ternal Diftempers : and yet he would neither of them to be tree from 
or not liable to thejmifdid-ion of the other. And even as Bifhops 
arefubject to Kings in the fixerc'ij of r 'ieir Civil Government, io 
ought Kings obey cheSpirnu.il admonitions of Bifhops. Now albeit 
the amplitude and dignity of Bifhops bs fo great.vet no Law divine 
ncr humane doth exempt them from the pumfhment of crimes. 
Andcopafs by ethers. The very Pope who is accounted the Bifhop 
of Bifhops, who Ibexalrs him.eif above all Kings, that he (houid be 
accounted a certain God among;} them,vet is he not exempted from 
thepunilhment of Law>, no not by his own Canoniits,a kind of men 
very devoted to him. For feing thev would think it abfurd thac 
God (for they d > nothefitate to call him thus) fhould be obnoxious 
to Menscenfire, and thin'< it unjuft that the greateft crimes and 
mo'i filthy abominations fhould pals unpunifhed in any, and yer 
they have found out a way wherebv crimes may be puntfted, and 1 
the P. pe accounted facred and inviolable. For the Priviledge of the 
Pope is one thing, and of that Man who is Pope is another,(ay they 
and whilft they exempt the Pope ( whom thev deny can err) from 
the cognition of the Laws,yet do thevconfefs him to be a Man ob- 
noxious to vices and punifhment of vices ; nor have the mo.e fub- 
tilly chan feverely declared their judgment herein. It would betedi- 
oustoiehearl?, what Popes (to fpeak after their ufual way J what 
Men perfonating Popes, who nor only alive were forced to renounce 
their Popedom, but being dead were pulled out of their Graves,and 
thrown into Tibur. But to omit old Hiftories. The recent memory: 
of Pope Pauhhc IV. is frefh in our mind, for bis own Rome did wit- 
ness 



$2 "The due Vriviledge of the Scotch Government. 

n efsa publick hatred againft him by a new kind of Decree. For 
l hcy vented their Fury "(he being by death taken awayj againft his 
neareft: Kinsfolk, his Statues and painted Images or Pictures. Nor 
{i'ouki this Interpretation feem more fur lile , whereby we feparate 
the Power, from thePerlon in Power,than Philofophy'doth acknow- 
ledge, and the antient Interpreters do approve, nor is the rude mul- 
titude and Strangers to fubrile difputing ignorant thereof; for the 
meereit Tradefmen take it for no blct upon their Trade, if a Smith 
or Baker be hanged for robbery,but are rather glad that their fociety 
is purged of Luch Villains. But if there be any of another mind, I 
think it is to be [eared, that he feems to be rather grieved at thofe 
Mens Punifhment with whom he is aiTcciate in their Villany, than 
for the Infamy of their Society. 3 am of the cpir.ion,if Kings would 
abandon the Councils of wicked Men and Flatterers, and meafure 
their own Greatnefs rather by duties of vertue, than by the impuni- 
ty of evil deeds, they would not be grieved for the Punifhment of 
Tyrants, nor think that Royal Majefty is leitened by whatfoever de- 
finition of Tyrants, but rather be glad that it is purged from a 
mod filthy blot of wickednefs jefpecially feeing they ufe to be high- 
ly offended with robbers, and that very juftly, if any of them in 
their malefices pretend the Kings Name. M. Forfooth, they have 
juft Caui'e. But laying thefe things afide, I would have you go on 
to the other head you prOpofed. B. What heads do you mean? M. 
Namely in what time,and to whom Paul wrote thofe things , for J 
defire to know what the knowledg thereof doth make for the ar- 
gument in hand. B. I (hall herein obev you alfo. And firft I fhall 
fpeak of the time, Paul wrote thefe things in the very Infancy of the 
Church, in which time it was not only neceflary to be blamelcfs,but 
none was to givecccafiontofuch as fought occafionof reproaching, 
and unjuft caufes of ftaining the ProfeiTors of Chriftianity: Next 
he wrote to Men of fevcral Nations, and fa gathered together into 
one focietv out of the whole body of the Roman Empire, amongft 
whom there were but few very rich, yea almoft none,who either had 
rukdjOr could rule, or were in any great account amongft: their fel- 
low Citizens, they were not fo many in number, and thefe almoft 
bur ftrangers, and for the moft part but lately freed of bondage,and 
others but Tradefmen and Servants. Amongft them there were ma- 
ny who did further pretend Chriftian Liberty, than the fimplicity of 
the Gofpel could fufTer.Now this company of People out of the pro- 
mifcuous Multitude, which did won their Living, though meanly, 
bt hard labour, was not to be fo careful of the ftate of thcCommon- 

wcalrh 



The due Privilege o] the Scotch Government. 5 ; 

wealth, of the Majefty of the Empire, and of the converfacion and 
duty ot Kings 3 as of the puMick tranquility, and their domeftidc 
Affairs, nor could they juttly claim any more, than to lye lurking 
under thefhadow of whatever Government they were under, if that 
People had attempted to lay hold upon any Part of Government 
they fhould have been accounted not only toolifti, but mad. Nor 
fhOuld they come out ot their lurking holes to breed trouble to 
thofe that did hold the helm of publick affairs in hand. Immature 
Licentioumefs was alio to be reptefled, an unfit Interpreter of Chri. 
ftian Liberty. What then doth Tanl write ? doubtlefs no new precept 
but only thefe uiual precepts,namely,that Subjects fliould obey their 
Rulers, Servants their Matters and Wives theirHusbands,nor fhould 
we think the Lords yoke, how light foever, doth liberace us of the 
bonds of our duty, but with a more attentive mind than before to 
be bound thereunto, fo that we fhould omit nothing through all the 
degrees of duties in our relations, that might any wile make for ac- 
quiring the favour arid good VViil of Men. And fo it fhould come • 
to pafs, that the Name of God fhould be well fpoken of among the 
Gentiles becaufe of us,and the Glory of the Gofpel more largely pro- 
pagated. For performing of thefe things^ there was need of publick 
Peace, the keepers whereof were Princes and Magiffrates, albeit 
wicked. May it pleafe you, that I fet before you a manifeft re- 
prefentation hereof > Imagin that one of our Doctors doth write to 
the Chriftians, that live under the Turks, to men, I fay, of mean 
Fortune, fore dejected in mind, weak: and few in Number, and 
expofed to the injuries of all and every one. What elfe, I ask 
you, would he advile them, then what Pa<d did advife the Church 
that then was at Row^or what J^rzazy advifed the exiles in Affyria I 
Now this is a moft fine argument that Paul had a regard to thole 
mens condition to whom he did write,and not to all others, becaufe 
he diligently fets home the mutual duties of Husbands toward their 
Wives, of 'Wives towards their Husbands, of Parents towards 
their Children , and of Children towards their Parents, of Ser- 
vants towards their Matters and of M afters towards their Servants. 
And albeit he writes what the duty of Magiitrates is,vct he doth not 
give them any particular compilation, (as he had done in the pre- 
ceding relations.) For which caufe we (hall judge that he gave no 
other precepts for Kings and others in Authority: efpecially feeing 
their luff was to be much more retrained, than that of private 
perfons? What other caufe may we imagin, than that at that 
time there were no Kings cr Magiftrates in the Church to whom 

he 



Y4 The clue Priviledge of the Scotch Government. 

he might write? Imagln that PWdoth now live incur days,wherein 
not only the People,but Princes alio Profd's Chriftunity. At the fame 
time,let there be fcme Prince , who doth conceive chat not only 
Ihould human Laws but alio divine Laws be fubjeico his luft anci 
pleafure , and who will have not only his decrees, but aifohis very 
nods to be accounted tor Laws, like that man in the Goipel, who 
neither did tear God, nor reverence man, who diitributs the 
Church revenues among!} villains and rafcals, it I mav i'o fay • 
and dorh mock thehnccre Worfhipeis of God, and accouncs them 
butFojisand mad Men, or Fanaticks: what would Paul write oi 
inch to theChutcn ? l£o.G were like himfelf, he would certainly 
deny^that he (hou'd be accounted a Magiftrate. He would inter- 
di£t all Chrifh'ans to have any communion with him, e.'ther m 
dyer, Speech, or converfe, and leave him to the People to be 
punifhed by the Laws., and would chink they did nothing but 
their duty, if they ihould account him not to be their King, with 
whom they were to have no Fel!cw : hip by the Law of God. But 
there wall not be wanting tome Courc-flaves, or Sycophants, who, 
finding no honeft refuge, become (o impudent, as to lay, that 
God being angry againft a people doth let Tyrant; over them : 
whom as hangmen he appoints for punifhing them. Whic.'i to 
be true I do coafefs ; yet it is as true, that God many times doth 
(fir up from amongft the 1 weft of che people ferae very mean, 
and obicure men to revenge Tyr wical Pride and weaknefs .• For 
God, (as before is (aid; doth command wicked men to becjtoff.- 
and doth exc?pt neither degree, lex, or condition, nor yet any 
man. For Kings are not more acceptable to him than beggars. 
Therefore, we may truely aver, that God being alike the Father 
of all, to whofe provide cenotbirg lies hid, and whofe power no- 
thing can reiiif, will not leave any wickednefs unpunifteJ. More- 
over, another will (land up and ask fome example out of Scrip- 
ture of a King punifhed by his Subjects : which albeit I could 
not produce, vet it will not pelently follow, chat becaufc we do 
not read inch a thing therein t> have been done, that it fhould be 
accounted for an high crime and malirice. I may rehearle among 
many Nations very many and found Laws, whereof in holy write 
there is no example. For as the confent of all Nations doth ap- 
prove, that what the Law doth command, is accounted juft, and 
what it forbiddeth, is unjuft, fo fince the m:mory of man ic was 
never forbidden, that what fnould not be contained in Laws, 
ftould not at all te done. For that fervitude was never received, 

nor 



The due PirSiledge of ■ the Scotch Government. 5 f 

Dpi will the Nature of things Co fruitful of new Examples fuffer .the fame 
ro be received, that whatever is not by fome Law commanded, or re- 
corded by fome famous Example, fliould be accounted for a great 
Crime and Malihce. If therefore any man (hall ask of me an Example 
out of the Sacred Scripture?, wherein the Punifhment of wicked Kings is 
approved, I (hall again ask him, where is the fame reprehended ? But 
if nothing done without fbme Example doth pleafe : how many civil 
Statutes (hall we have continued with us ? how many Laws, for the 
greateft part thereof is not taken out of any old Example, but eftablifhed 
ao-ainft new Deceits, and that without Example. But we have already 
•anfwered thofe that require Examples more than was needful : Now if 
the Jewifh Kings were not punifhed by their Subjects, they make not 
much for our purpofe in hand. For they were not at firft created by 
the People, but were by God given them. And therefore very juftly, 
he who was the Author of that Honour, was to punifh their Mifdeeds. 
But vre debate, that the People, from whom our Kings enjoy whatever 
Priviledge they claim, is more powerful than their Kings ; and that the 
whole People have that fame Priviledge over them, which they have 
over every one in particular of the whole People. All the Rights and 
Priviledges of forraign Nations, who live under lawful Kings, do make 
for us j all the Nations which are fubjecl: to Kings chofen by themfelves, 
do commonly agree herein, that whatever Priviledge the People hath 
given to any, the fame they may require again very juftly. All Com- 
mon- wealths have ftill retained this Priviledge. Therefore Lentulus, hav- 
ing confpired with Cataline for overturning the Common wealth of Rome, 
was compelled to renounce his Prastorfhip, and the Decemviri, the Ma- 
kers of the Roman Laws, were taken orders with, even whilft they en- 
joyed the Supream Authority; Some Dukes of Venice, and Chiipencus 
King of France, laying afide their Royal Honours, as private Men, fpent 
their Days in Monafteries. And not long ago, Chriftiemus King of the 
Danes, twenty years almoft afcer he was deprived of his Kingdom, did 
end his Life in Prifon. Now the Dicfatorfhip (which was a Kind of 
Tyranny) was in the Peoples Power. And this Privilege hath been 
conftantly obferved, that publick Benefices granted amifs, and the Li- 
berty granted to ingrate Pcrfons fet at liberty (whom Laws do very much 
favour) might be taken back again. Thefe things we have fpoken of 
forraign Nations, left we alone feem to have ufurped any new Priviledge, 
againif our Kings. But as to what doth properly belong to us, the mat- 
ter might have been handled in few Words. M. What way ? 
For this 1 am very defirous to hear. B. I might enumerate twelve or 

I more 



$6 Tfje due P'rh'tledge of the Scotch Government. 

more KJirigSj who for great Cnmes and flagitious deeds, have been either 
adjudged to perpetual Imprlfonmerit, or efcaped the juft Punish- 
ment ot their Wickcdnels , either by Exile or voluntary Death. 
But left any blame me for relating old and obiblete Stories, if I mould 
make mention of Cu'sn y Ev.m and Ferchard, I mail produce fo'me few 
within the Memory of our Fore- fathers. All the Eftates in a publiek 
Convention, judged J.vr.es the Third to have been juftly killed, for his 
great Cruelcy and flagitious Wickednefs towards his Subjects, and did 
caution that none of them who had aided, confented, or contributed 
Money, or had been active therein, to be called thereafter into queftion 
therefore. Th-.t they therefore did judge the Deed to be duly and or- 
derly done, it being once down, doubtlefs they defired it might be let 
down for an Example in time coming, furely no lefs than L. jQuintius M 
fitting in Judgment, did commend ServiUus Alialus for having killed be- 
fore the Bench, Sp. Melius turning his Back, and refufing to compear in- 
to Judgment, and that he was not guilty of Blood-fhed, but thought 
him to be Nobilitate by the Slaughter of a Tyrant, and all Pofterity 
did affirm the lame. VV hat Subject hath ever approved the Slaughter of 
one affecting Tyranny I What 4o you luppofe would he have done 
with a. Tyr.xnt robbing the Goods of his Subjects, and fhedding their 
Blood . ; What hath our Men done ? do not they feem to have made 
a Law, who by a publick Decree, without any Punifhment, have pail 
by a flagitious Crime committed, iffuch like (hall happen in time com- 
ing? for at m oft there is no difference, whether you judge concerning 
that which is done, or make a Law concerning what is to be done. For 
both ways a Judgment is paft concerning the Kind of the Crime, and 
concerning the Punifhment or Reward of the Actor. M. Thele things 
will perhaps have fome weight amongft us. But I know not how other 
Narions abroad will take them. You lee I muft litisfie them. Not as 
in a judicial way I were to be called in queftion for the Crime, but open- 
ly amongft all concerning the Fame, not mine (for I am far from any 
Sufpition thereof) but of my Country men. For I am afraid, left for- 
raign Nations will rather blame the Decrees, wherewith you fuppoie 
you are luhicienrly protected, than the Came it felf full of Cruelty and 
Hatred. But you know, if I mi take not, what is ufually fpoken ac- 
cording to the Dupofuion and Opinion of every one on both hands, con- 
cerning th 2 Examples you hive proposed. I would therefore (becaufe 
you feem to have expeded whit is paft, not lb much from the Decrees 
of Men, as from the Springs of Nature,' you would briefly expound, if 
you have ought to lay for ih? Equity of that Law. B. Albeit that 

may 



The due Priviledge of the Scorch GavinmienU 57 

may feem unjuft to (land at the Bar to plead amongft Foreigners for a 
Law approved from the very firft Times of our Scots Government by 
Kings, by the conilant Practice of (b many Ages ago., ncceffary for &£ 
People, notupiufi: for Kings, but lawful, but now at la ft accufed of Il- 
legal icy ; yet for your Sake I (hall try it. And as if I were debating 
with thofe very Men who would trouble you , I firft ask tin.?. 
What do you think here worthy of Reprchenfion ? Is it the Cau-fl- ? 
why is it (ought for ? or is it the Law it (eif which you reprehended ? 
for the Law was (ought for repremng the unjuft Lulls of Kingr. Who- 
ever doth condemn this, mufl likewife condemn all the Laws of all Na- 
tions, for all Laws were delired for the very fame Caufe. Do you re- 
prehend the Law it (elf? do you think it lawful that Kings be exempted 
of, or not liable to the Laws ? let us then fee if that bs alio expedient. 
And for proving that it is not expedient for the People, there needs not 
many Words. For if in the former Difeourfe we have rightly com- 
pared a King to aPhyfitian, as it is not expedient for People that Impu- 
nity be permitted to a Phyfuian for killing whom he plcafeth, (6 it is 
not for the Good of all, that a promifcuous Licence be granted to Kingss 
for making Havock of all. We have no cauie then to be ofrended 
with a People, whofe chief Power it is in making Laws, if, as they de- 
fire a good King to be fet over them, even fo a Law to be fet over a 
King none of the bed. But if this Law be not for the Kings life or 
Profit, let us (ee if the People mould be dealt with to remit lomewhat 
of their Priviledge, and of abrogating it not for the (pace of three days, 
but according to our u(ual way we indi£l a Parliament to meet within 
forty days. In the mean time, that we may rcafon together concerning 
the Law, tell me, doth he teem to rc(peci the Good of a mad Man, 
who loofeth his Bonds ? M. Not at all. B. What do you think of him 
who giveth to a Man fick of a Fever, fo as he is not far from Madnefs, 
a Drink of cold Water, though earneftly craving it, do you think he 
deferveth well of that fick Man? M. But I fpeak of Kings of a (bund 
Mind. I deny that there is any need of Medicine for fiich as are in 
Healrii, noj- of Laws for Kings of a (bund Mind. But you would have 
nil Kings to (eem wicked, for you impofe Laws upon all. B. I do not 
think that all Kings are Wicked. Nor do I think all the People to be 
wicked, and yet the Law in one Voice doth (peak to the whole People. 
Now wicked Men are afraid at that Voice, good People do not trunk 
it belongs to them. Thus good Kings have no caufe to be oflended at 
this Lav/, and wicked Kings, if they were wife, would render Thanks 
to the Law-giver, who hath ordained what he underftood would not be 

I z profita- 



5 8 The due Privlledge of the Scotch Government. 

profitable for them, nor to be lawful for them to do. Which indeed 
they will not do, if fb be they fhallonce return again to their right Mind. 
Even as they who are reftored to Health do render Thanks to" their Phy- 
htian, whom before they had hated, becaufe he would not grant their 
Defires whilft they were fick. But if Kings continue in their Madnefs, 
whoever doth moft obey them, is to be judged their greateft Enemy. 
Of this fort are Flatterers, who by flattering their Vices, do cherifli and 
increafe their Difeafe, and at lad, together almo.fl: with Kings, are ut- 
terly ruined. M. I cannot indeed deny, but that fuch Princes have 
b^en, and may be reftrained by Law-bonds. For there is no Monfter 
more violent and more peftiferous than Man, when (as it is in the Poers 
Fablesj he is once degenerated into a Beaft. B. You would much 
mcrp fay fb, if you confider how many ways a Man becomes a Beaft, 
and of how many feveral Monfters he is made. Which thing the old 

s did acutely obferve and notably exprefs, when they fay that Prome- 
tketis, in the framing of Man, did give him fome Particle out of every 
living Creature. It would be an infinite Work for me to relate the 
Natures of all one by one. But certainly two moft vile Monfters do e- 
vidently appear in Man, Wrath and Luft. But what elfe do Lawsacl: 
or defire, but that thefe Monfters be obedient to right Reafbn ? and 
whilft they do not obey Reafbn, may not Laws, by the Bonds of their 
'Sanctions reftrain them ? whoever then doth loofe a King, or any o- 
ther from thefe Bonds, doth not loofe one Man, but throws in againft 
Reafbn two Monfters exceeding cruel, and armeth them for breaking a- 
fundef the Bars of Laws .• fo that Anftotle feemeth to have rightly and 
truly faid, that he who obeyeth the Law, doth obey both God and the 
Law j but he that obeyeth the King, doth obey both a Man and a 
Beaft. M Albeit thefe things feem to be faid appofitely enough, yet I 
think we are in a Miftake two ways. Firft, becaufe the laft things we 
. have fpoken^ feem not to agree well enough with the firft. Next, be- 
caufe, as we may well know we feem not to have yet come to the main 
Point of our Debate. For a little before wc were at agreement that 
the Voice of the Kin? and Law ought to be the fame, here again we 
make him Subject to the Laws.Now though we grant this to be very true, 
what have we gained by this Conclufion ? for who mall call to an ac. 
count a King become a Tyrant? fori, fear a Piiviledge without 
Strength will not be powerful enough to reftrain a King forgetful of his 
Duty, and unwilling to be drawn unto Judgment, to anfwer for Male- 
adminiftration. B. I fear ye have not well pondered what we have be- 

debated, concerning the Royal Power. For if ye had well confi- 

dered 



the due Priviledge of the Scotch Goverrment. 59 

dered ir, you had eafily underftood whatycu nov/have faid, that betwixt 
them there is no Contradiction. But that you may the more eafily take 
it up, firir. anfwer we, when a Magiftrate or Clerk doth utter the 
Words ot a Proclamation before an Heranid. Is not the Voice of both 
one and the fame ? I fay of an Herauld, and of a Clerk. M It is the 
fame indeed. B. Which of the two feems greater!: ? M. He who hrft doth 
utter the Words. What is the King, who is the Author of the Edict ? 
M. Greater than both. B. Then according to this Similitude let us 
fet down the King, the Law, and the People. The Voice is the fame 
both of King and Law. Which of the two hath the Authority from 
the other, the King from the Law, or the Law from the King ? MThe 
King; from the Law. B. From whence collect you that ? M. Becaufe 
the King was not fought for to reftram the Law, but the Law to re- 
ftrain the King. And from the Law he hath that, whereby he is a 
King, for without the Law he would be a Tyrant. B. The Law then 
is more powerful than the King, and is as a Govemefs and Moderatrix 
both of his Luif. and Actions. M. That is already granted. B. What, 
Is not the Voice of the People and the Law the fame ? Atf. The very 
fame. B. Which of the two is moft powerful, the People or the Law ? 
Atf. I think, the whole People. B. Why do you think fo ? Atf. Becaufe 
the People is as it were the Parent of the Law,certainly the Author there- 
of 3 they being able to make or abrogate it as they pleafc. B. Seeing then 
the Law is more powerful than the King, and the People more power- 
ful than the Law, we muft fee before which we may call the King to 
anfwer in Judgment. Let us alfo difcufs this. Are not the things which 
for fbme others Sake are inftituted, of lefs account than thofe for whofe 
fake they are required or fought ? Atf. I would have that more clearly 
explained. B. Follow me thus, is not a Bridle made for the Horfe 
Sake ? Atf. It is fb. B. Are not Saddles, Girdings and Spurs made for 
Horfes ? Atf. They are. B. Now if there were no Horfe, there mould 
be no ufe of fuch things. Atf. None at all. B„ A Horfe is then better 
than all thefe. Af. Why not ? B, Why a Horfe ? for what ufe is he 
dehred ? Atf. For very many Ufes, and firft of all, for obtaining Victory in 
War. B. We therefore do efteem the Victory to be of more worth 
than Horfes, Arms, and other things, which are prepared for the life 
of War. M. Of more worth indeed it is. B. 'What did men efpecial- 
ly regard in creating a King? M. The Peoples Good, as I fuppofe. 
B. But would there be no need of Kings, if there were no Societies of 
Men ? M. None at all, B. The People then is better than the King. 
Atf, It muft needs be fb. B. If the People be b«ter, they are alfo 

greater^ 



° - The due Priviled? of the Scotch Gov^zmrnt. 

'greater. M. But when fiiali we hope for that Happinefs, that the 
whole People agree unto that which is Right. B. That indeed is fcarce 
roue hoped for. And to expect it, is certainly necdlefs: orherwife a 
hafa could neither be made, nor a Magiftrate Created. For neither is 
tumor! any Law alike to all, nor is there almof; any Man in that Popu- 
lar ravour, fo as to have no Man either an Enemy to him, or Envious or 
.bianderer of him ; this now is defired, that the Law be ufeful for the 
gi eateit part, and that the greater! part have a good opinion of him that 
8 to be chofen. What ii the greater! part of the People may enjoyn a 
Law to be made, and Create a Magiftrate, what doth hinder, but 'that 
W&y alio may judge him, and appoint judges over him ? Or if the Tn- 
Wj of the People ofi^wi?, and the Lazedemmnm Epbcriwcrz ibught to 
modihe the Power of Magifiracy, fhould it feem unjui! to any 'Man, 
it a Free- People, cither upon the like or different account, did forefee 
<heir own good in fupprcfiing the bitternefs of Tyranny ? M. Now 
l^ieem almof t to perceive what a People can do: But it is a matter 
01 difficulty to judge what they will do, or appoint to be done. For 
the greater!: part almoftdoth require Old and ufual Cuftomcs, and hateth 
J\ovelty, which the rather is to be admired, feeing there is fo great an 
incenftancy in Meat,Apparel, Buildings, and in all Houfhold Furniture. B. 
Do not think that thefe things arefpoken by me, that I would have any 
r>cw thing in this kind to be done, but that I might fne\y you it hath 
keen of Old, that a King Pnouldanfwcr in judgment before Judges, which 
you did believe to be almoir. Incredible, or atleaft a Novelty. For to pafs 
over, how often k hath been done by our Anceft ors, as partly before we 
have faid, and you may alfb eafily Collec! fromHirtory ; did you never 
near of thofe who contended for the Kingdom to have appealed to Ar- 
biters P M. I have indeed heard it to have been fometimes done amongft 
the Pcrfians. B. And our Writers affirm that the lame was done by 
Grimoi and Mikohnnbus. But leaf!, you alledg that that kind of Arbiters 
were wont to be afTumed by the Contenders own confent, let us come 
to the ordinary Judges. M Here I am afraid you may as far prevail, 
as if a Man mould l'pread Nets in the Sea to catch Wholes. B. Why fb, 
I pray you. ' M. Becaufe all apprehending, rettraint and punifhment is 
carried en by the more powerful againf! the weaker. But before what 
judges will you command a King to compear ? Before them over whom 
he hath the Supream Power to judge ? Whom he can compefee by this 
one word, I Forbid? B. What if Tome greater Power be found which 
hath that right privilcdge 01 jurifdkfHon over Kings, which Kings have 
over others . ; M I dclire to hear that. B. Wc told you, if you re- 
member, 



The due Privikdge of the Scotch Government. 6\ 

member, that this Power is in the People. M. In the whole People 
indeed, or in the greatcft part thereof, lalfo yield thus further, that ft 
is in thofe tJ whom rhe People, or the greateft part of them ("hail trans- 
mit that Power. B. You do well, in holding in my pains. M But you 
know that the greateft part of the People is corrupted either through tear, 
or reward, or through fbme hope of a Bribe and Impuniry, Co as rhe/ 
prefer their own benefit and pleasures or lulls to the publick utility, and 
alio fafety. Now there are very few who are not hereby moved : ac- 
cording to that of the Poet. Good People are indeed Rare, fcarce fo 
many in number, as there be Gates in Thebes, or IfTues of the I{iv:r K:':u. 
Now all the reft being a naughty Rabble famed with Blood and rapine 
enjoy their Venal liberty, and Envy the liberty of others. Now that I 
may pais from thofe with whom the name of wicked Kings a'fb is (Tiered. 
I alio Omit thofe, who, albeit they are not ignorant what is lawrul and 
juft or right , yet prefer a o^uiet floathfulnefs to honeft hazards , and 
heiitating in their minds do frame their consultation on the expectation of 
the Event : or follow the good Fortune of either party, but not the 
caufe. How great this multitude will be, you fee. B. Great indeed : 
but yet not very great. For the wrong of Tyrants may reach many, 
but their good Deeds very few. For the Avarice of the vulgar is infa- 
tiable, as a tire is the more vehemently kindled by adding Fuel thereto ? 
But what is by force taken away from many, doth rather increafe the 
Hunger of fbme few, then Satiate their Lull. And further the fidelity 
of fiich Men for the moft part is unftable .- As faith the Poet. Fidelity 
doth ftand and fall with Fortune. But if they would alio continue firm 
in their judgment, they mould not be accounted in the number ot good 
Subjects, for they are the Violators, or rather Betrayers of humane So- 
ciety j which Vice if not fufterable in a King, is far leis tolerable in a 
private Perfbn. Who then are to be accounted the right Subjects ? 
•They who give Obedience to the La*s, maintain and defend humane 
Society, who rather undergo all pains and Labours, and all Hazards 
for common Safety, then l'pend their time Siuggifhly in Idlenefs void of 
all Honefty; who fet before their Eyes, not their prefent enjoyments, 
but the remembrance of Eternity. But if there be any whom fear and 
felf intereft recal from Hazards, yet the fplendor of fbme notable At- 
chievment, and the Beauty of Vertue will raife up dejected minds ; and . 
thofe who dare not be i\uthors or Leaders, will not decline to become 
AiTociates. If therefore Subjects be reckoned, not by number, but by 
dignity and worth, not only the better part, but aifb the greater part 
w2l Hand for their, liberty, bonefty and fafety, But if the whole com- 
mon. 



6i The due PriviUdge of the Scptch Government. 

mon People diffent, this fays nothing to our prefent debate: For we de- 
mand not what is to be done, but what may lawfully be done. But 
now let us come to the ordinary judicial Sentences. M That I juffc now 
look for. B. If any private Man contend that his inheritance, or fome 
part of his Land is unjuftly ddtained by the King, what do you think 
fhould this private Man do ? Shall he pals from his Land, becaufe he can- 
not let a Judge over the King ? M. Not at all, but he may command 
not the King, but his proxy to compear in judgment. B. Now fee 
what ftrength that refuge hath whereof you make ufe. For it is all one 
to me, whether the King compear, or his Proxy, or Advocate, for both 
Ways, the Litif-conteftation will redound to the Kings lofs : The damage 
or gain will redound to him not to his Advocate by the Event of the Sen- 
tence. In the end he is found Guilty, that is, he whole caufe is agitated. 
Now I would have you confider not only how abfurd it is, but alio un- 
juft to pals Sentence againft a King for a petty inheritance for Lights in 
a Houle, or for eafe droppings thereof, and no Sentence to be pall: for 
Paricide, Witch-craft or Treafbn. To make ufe of the feverity of the 
Law in lelTer matters, and the greateft Licenle and Impunity to be per- 
mitted in the greateft Crimes. So that that Old Proverb feems plainly 
true, Laws are very like Spiders Webs, which hold flies faft, but let 
bigger Beads pall through. Nor is that complaint and indignation of 
feme juft, who lay that it is neither Honeft nor Equitable, that judgment 
mould pals againft a King, by a Man of an inferiour Rank, feeing 
they fee it' received and admitted in debate about Mony or Land • and 
the greateft Peers next to the King for the moft part compear before the 
Judges, who are inferior to them in riches, nobility, and valour. And 
not much above the Vulgar Rank : and far more below the guilty, than 
the greateft Peers are below Kings. Nor yet for all this do thele Noble- 
Men or Peers think it any Derogation to their Dignity. Now if we fhall 
once admit this, that no Man can be lifted before a Judge, unlefs the Judge 
be every way Superiour to the Perfbn Arraigned, the Inferiour Rank 
muft attend and wait on until the King either pleafe, or be at leilure, 
tocognolce concerning the guilty Noble-Man, but what if their complaint 
be not only unjuft, but alfofalfe? For no Man coming before a Judge 
doth come before an Inferior Perlon, elpecially feeing fb great an Ho- 
nour is by God himlelf conferred upon the Order of Judges, that he 
calleth them not only Kings but alio Gods, and as much as can be, doth 
Communicate to them his own Dignity. Therefore thole Roman Popes^ 
who did graciouily Indulge Kings to Kifs their Feet, who did fend lor 
Honours lake to fuch as came to meet them, their Mults who did Tread 

upon 



'ibi due P/iviygeofthc Scotch Oover-nmeM. 6l 

upon the Necks of Empcrours y being called to anfwer in judgment, did 
obey, and being compelled by Judges, renounced their Popedom. John 
the Twenty Second being from flight brought back, was thrufr. into 
Prifon , and fcarce at laff. relieved by Mony, and fubmitred to him 
that was put into his place, and therefore he did approve the Sentence of 
the Judges. What did the Smode of BafilJ Did it not appoint and or- 
dain by the common confent ot all the Members thereof, that the Pope. 
is fubjc£t to the Council of Priefh. Now theft Fathers were perfwaded 
upon what account they did fb, which you may find out of the Acls of 
thefe Councils. Kings then who contefsthe Majelly of Pop:s to befo far 
above them, as that it doth over-fhadow them all with the Top of its 
Celfitude, I know not how they think therein their Dignity to be dimi- 
nifhed, wherein the Pope did not think he was dilparaged to defcendfrom 
fb High a Throne, namely, to frand to the Judgment and Sentence of 
the Cardinals : Hereby you may fee how falfe their complaint is, who 
difdain to be Arraigned at the Bar of an Inferior Judge, for it is nor. 
Titius Sempronius, or Stichus that doth in a judiciary way Condemn and 
Aflbil, but the Law, to which Kings fliDuld yield Obedience. The 
mod famous Emperours Tbcodofms and Valehimianus accounted honourable. 
I fhall here let down their own words, becaufe they deferve the Memo- 
ry of all Ages. Is is f fay they) a word well befeeming the Majefty of a 
King to confefs he is a Prince tied to the Laws. And we declare that it 
is more to fubmit a principality to the Laws than to enjoy an Empire. 
And what we now declare by this our Edict, we will not fuffer to be in- 
fringed. Thefe things the very bed Princes judged right and by Law 
Edablifhed, and fbme of the word lee the fame. For Nero being Ap- 
parelled in a drefi of Harpers, is laid to have not only obferved their 
Carriage and Motions, but alfo when it came to be judged who had 
done bed, that he flood Solicitous betwixt Hope and Fear for the Vi&o-- 
ry. For albeit he knew he would be declared Victor, yet he thought > 
the Victory would be the more Honed, if he fhould obtain it, not by the 
Flattery of the Judges, but by due debate : And he thought the Obferva- 
tion 'of the Law did Contribute not for the Dirrmuition of his Authority, 
but for the fplendor of the Victory. M. Your difcourfe, I perceive, is 
not To Infble'nr, as at firff. I took it, when you faid, you would have Kings ( 
Obedient ro the Laws : For it is not fb much founded upon the Aurho- ' 
rlty of Pbylofipbers, as of KJngs, Emperours and Councils of the Church. 
?v"l But I do not well underftand that you fay, it is not Man but the Law 
that Judgeth. Z?. Call to mind what was faid a little before : Did we not 
fay, that the Voice of the King and of the Law is the lame ? M We 

K dli 



£4 The du°. Privikdge of the Scotch Government. 

did fb. B. What the Voice of the Clerk, and Herauld is, when the 
Law is publifhed? M. The very fame. B. But which of the two hath the 
Authority from the other, whether the Judge from the Law, or the Law 
from the Judge ? M. The Judge from the Law. B The ftrength of the 
Sentence is then from the Law, and the pronounciation of the words of 
the Law alone is the Judges. M. It feems lo. B. Yea, there is nothing 
more certain, for the Sentences of Judges pronounced according to the 
Law are ratified, elfe they are reicinded. M There is nothing more true, 
than that. B. You fee then that the Judges Authority is from the Law, 
and not the Laws Authority from the Judge. M. I fee it is fo. B. The 
low and mean condition of him that Proc'aimeth the Law doth not dimi- 
nifh the Dignity thereof, but the Dignity of the Laws is dill the fame, 
whether the King, a Judge, or an Herauld Proclaim it. M. It is Co indeed. 
B. The Law then being once Elhiblifhed, is firft the Voice of the King, 
and then of others. M. It is fo. B. Whilfl; then the King is condemned 
by a Judge, he feems to be condemned by the Law. M That is very 
clear. B. If by the Law, then he is condemned by his own Voice, as 
feems, no le(s than, if it were written with his own hand. B. Why 
then do we fb much weary our felves concerning a Judge, feeing we have 
the Kings own Confeffion, that is to fay, the Law ? Let us alfo confider 
this, which is but prefently come into my mind. When a King in what 
Caufe foever doth fit in judgment as a Judge, fhould he not lay a fide 
the perfon of all others, and to have no refpecT: to Brother, Kifman, 
Friend or Foe, but retain only the perfon of a Judge. M. He ought fo 
to do. B. Ought he not to remember that Perfon only, whofe proper Act 
it is he is about. M. I would have you tell me that more clearly. B. 
Take heed then •• when any Man doth fecretly take away another Mans 
Goods,, what do we fay he hath done? M. I think, he hath flollen them. 
B. How do you call him for ihis deed ? AX. A Thief. B. How do you 
fay he hath done, who makes ufe of his Neighbours Wife, as his own ? 
M. We fay he hath committed Adultery. B. How do we call him ? 
M, An Adulterer. B. How do we call him that judgeth ? M. A Jud'ge. B. 
To others alfo after this manner from the Actions they are about, names 
may be rightly given. M They may. fr When a King then k to pafs 
a Sentence, he is to lay afide all other Perfons. M. Indeed he fhould, 
efpecially thofe that may prejudge either of the Parties in Judging. 
B. How do you call him againfl: whom the Sentence is pail, from that A£t. 
of judgment? M. We may call him Guilty. B. And is. ic not equitable 
that, a Judge lay afide fuch perfons as may prejudge the Sentence ? M. 
Certainly he fhould, if fb be, fuch perfbre be more regarded than the 

caufe 



The due Privileetge of the Scotch Government. 6$ 

caufe : Yet fuch perfons pertain not to a Judge. Seeing God will have 
norefpe&to be had to the poor in judgment. B. If then any Mart, who 
is a Painter and a Grammarian debate before a Judge concerning the Art , 
of Painting againft a Painter, he is not a Grammarian, for the Science 
of Grammar mould not herein avail him. M. Nothing at all. B. Nor" 
the Art of Painting avail the other, if the debate be concerning Grammar. 
M. Not a whit more. B. A Judge then in judgment mud acknowledge 
but one name, to wit, of the Oime, or guilt, whereof the Adverfary 
or PlantirT doth accufe his Party or Defendant to be guilty. M No more. 
B. What if a King be guilty of Parricide, hath he the name of a King, 
and whatever doth belong to a Judge ? M. Nothing at all, but only of a 
Parricide, for he cometh not into Controverlie concerning his Kingdom, 
but concerning his Parricide. B. What if two Parricides be called to 
anfwer in judgment, the one a King, and the other a Poor Fellow, (ball 
not there be alike way of procedure by the Judge of both ? M. The very 
fame with both, fo that I think that of Lucan is nolefs true than Elegant- 
ly fpoken. vi$. Cafar was both my Leader and Fellow in parting over 
the fyine. Whom a Mali hce doth make guilty, it maketh alike. B. True 
indeed. The procefs then is not here carried on againft a King and a 
Poor Man, but againft their Parricides : For then the procefs mould be 
led on concerning the King, if h fhould be asked which of the two 
ought to be King ; Or if it come into queftion, whether Hiero be King 
or zTyrant, or if arty other thing come into queftion which doth properly 
belong to the Kings Function. Even as if the Sentence be concerning 
a Painter, when it is demanded, hath he skill in the Art of Painting. 
M. What if a King will not willingly compear, nor by force can be com" 
pelled to compear. B. Then the cafe is common with him as withal! other 
Flagitious perform. For no Thief or Warlike will willingly compear 
before a Judge to be judged. Bur 1 fuppofe, you know, what the Law 
doth permit, namely to kill any way a Thief Stealing by Night, and 
alio to kill him if he defend himfelf when Stealing by day. But if he 
cannot be drawn to Compear to anfwer but by Force, you remem- 
ber what is ufually done. For we perfue by Force and Arms fuch 
Robbers as are more powerful than that by Law they can be reached. 
Nor is there almoit any other caufe of all the Wars betwixt Nations, 
People and Kings than thofe injuries, which, whilft they cannot be deter- 
mined by Juftice, are by Arms decided. M. Againft Enemies indeed 
for thefe Caufes Wars ufe to be carried on, but the cafe is far otherwife 
with Kings, to whom by a moflfacredOath interpofed we are bound to 
give Obedience. £. W r e are indeed bound .- But they do firftprOfnife that 
they (hall Rule m Equity- and Juftice. M It kfb. Bv There is then "a ; mti- 

K z tual 



6'6 Tie cliti F'nvihdge of the- Scotch Government. 

tual paction betwixt the King and bis Subjects. M It ieems Co. B. doth 
not he who fir ft recedes from what is covenanted, and doth contrary 
to what he hath covenanted to do,break the Contract and Covenant? 
M He doth B.The Bond then being loofed,which did hold fart: the King- 
with the People, whatever privilcdg or right did belong to him,by that a- 
greement and covenant who looleth the fame, I iuppofe is loft. M. It is 
loft. B. He then with whom the Covenant was made becometh as free as 
ever it was before the ftipulation. M He doth clearly enjoy the fame 
priviledge,and the lame liberty. B. Now if a King do thofe things which 
are directly for the a ablution of Society, for the continuance whereof he 
was created, how do we call .him ? M, A Tyrant, I fuppofe. B. now a 
'Tyrant hath not only no jult authority over a People, but is alfo their 
Enemy, Al He is indeed an Enemy. B. Is there not a juft and lawful 
War with an Enemy for grievous and intolerable injuries ? M It is for- 
foothajuft War. B. what War is that which is carried on with him who 
is the Enemy of all Mankind, that is, -a Tyrant ? M. A moftjuft War. 
B. Now a lawful War being once under taken with an Enemy, and for 
ajuft caufe, it is lawful not only for the whole People to kill that Enemy, 
but for every one of them . M. I confefs that. B. May not every one out 
of the whole multitude of Mankind ailault with all theCalamities of War, 
a Tyrant who is a publick Enemy, with whom all good Men have a per- 
petual warfare. M. I perceive all Nations alrooft to have been of that 
Opinion. ForTbebe is ufually commended for killing her Husband, Timo- 
lean For killing his Brother, and CaJJtiu for killing his Son.- and Fuhius 
for killing his own Son going to Catiline, and Brutus for killing his own 
Sons and Kindnen ; having understood they had confpired to introduce 
Tyranny again : and publjck rewards were n appointed to be given, and 
honours appointed by feveral Cities of. Greece' to thofe that fhould kill Ty- 
rants. Sothat (as is before laid J. they thought there was no Bond of hu- 
manity to be kept with Tyrants. But why do I collect the' aflent of fbme 
iingle Perfbns, fince I can produce the telHmony almoft of the whole 
_ World. . For who dofh not iharply rebuke Domitms Corbuh for neg- 
lecting the fafety of Mankind , who did not thruft Nero out ot 
bis Empire, when he might very eafily have done it ? And not orrly 
was he by the fymsins reprehended, but by Tyridates the Perfian King, 
being -■ not afraid, left at all it ihould afterward befal an Exam- 
pie unto hmitlf But the Minds ot moll wicked Men enraged with 
cruelty., are not Co void of this publick hatred againft Tyrants, but 
that fame times it breaketh out in them againft their will, and forceth 
them to ftand amazed with terrour at the light of fuch a juft and law- 
ful deed. When the Minifters of Cajus QtlignU a^ riaoft cruel Tyrant 

were 



The due Pnvikoge of thi Scotch Government- 67 

were with the like cruelty tumultuating , for the daughter of thc/r 
Lord and Matter , and required thofe that had killed him to bq 
punilncd,ncvv and then crying aloud, who had killed the Emperour.- 
Valerii'.s Afuticus one of the Senators ftandihg in an eminent h'gh 
place from whence he might be heard, cryed out aloud : I wifh I 
hid killed him. At which word theft tumultuary Perfons void of all hu- 
manity Hood as it were aftonifhed, and (o forbore any more to cry out: 
tumultuoufly. For there is fo great force in an honeft deed, that the 
very lightelr. (hew thereof, being presented to the Minds of Men, the 
moft violent affiults- are allayed, and fierce fury doth languffh, and mad- 
nefs nill it will it doth acknowledge the foveraignty of reafen. Neither ars 
they of another judgment, who wiih their loud crys mix Heaven and 
Earth together. Now this we do eafily understand either from hence, 
that they do reprehend what now is done, but do commend and approve 
the fame feemingly more atrocious, when they are recorded in an old 
Hillory .• and thereby do evidently demonflrate that they are 
more ubfequicus to their own particular affections , than moved 
by any publick dammagc. But why do we feck a more certain wit- 
nefs what Tyrants do defeive , than their own Confcience ? thence 
is that perpetual fear from all, and chiefly from good Men ; and 
they do constantly fee hanging above their own Necks, the Sword which 
they hold ftill drawn againfl others, and by their own hatred againft c» 
thers the meafure other Mens Minds againf! them. But contrariwiie 
good Men, by fearing no Man do often procure their awn hazard, whilll 
they weigh the goodwill of others towards them, not from the vicious 
nature of Men, but from their own defer t towards others. B. You do 
then judge that to be true, that Tyrants are to be reckoned in the num- 
ber of the moll: ciuel Brute Beads; and that Ty ranical violence is more 
unatural than Poverty, Sicknefs, Death, and other miferies which may 
befall Men naturally. M. Indeed when I do ponder the weight of your 
reafons, I cannot deny, but thefe things are true. But whilfl: ha- 
zards and inconveniences do occur, which follow on the back of this 
opinion,, my mind as it ware tyed up with a Bridle, doth inllantly I 
know not how, fail me, and bsndeth from that too Stoical and fevere 
right way towards utility, and almoit falkth away. For if it mail be 
lawrul for any Man to kill a Tyrant, fee how great a gap you do open 
for wicked Men, to commit any mifchief, and how great hazard you 
create t? good Men : to wicked Men you permit licentioufhefs, and lers 
out upon all the perturbation of all things. For he that mail kili a good 
King, or at leaft none of the worft, may he not pretend bv his wick- 
ed 



6b The dutPnviledgof ibeSccich Govcrnmnt. 

cd deed fomc/bew of honefl: and lawful duty? or if any good Subject 
fliall in vain attempt to kill a Prince worthy of all punifhmenr, or ac- 
compnfh what he intended to do, how great a confuficn of all things 
do you fuppofe muft needs follow thereupon ? Whiift the wicked do 
tumultuate, raging that their head and leader is taken away from them, 
neither will all good men approve the deed, nor will all thofe who do 
approve the deed, defend the doer and Author of their liberty againft a 
wicked crew. And many under an honefl pretext of. Peace will vail their own 
lazinefi, or rather caluminate the vertue of others, than confefs their own 
florhfulnefs. furely this remembrance of (elf intereft, and excufe of lea- 
ving trje^Publick caule and the fear of dangers, if it doth not break rhe 
Courage, yet it weakneththe fame, and compelleth it to prefer tranquil- 
lity, albeit not very fure, to an uncertain expectation of liberty. B. if 
you will remember what is before fpoken, this your fear wUl be eafily 
di/cufled. For we told you that there be fome Tyrannies allowed by the 
free fuffrages of a People, which we do honour with Royal Titles, 
becaufe of the moderate administration. No man, with my will, fliall 
put violent hands on any iuch, nor yet on any of thole, who even by 
rorce or fraud have acquitted fbveraignty, provided they ufe a mode- 
rate way in their Government. Such amongft the Unmans were Vefpafm- 
*"*) Titus, Partinax ; Alexander amongft the Grecians, and Hiero in Syra- 
cufa. Who albeit they obtained the Government by Force and Arms, 
yet by their Juftice and Equity deferved to be reckoned amongft juft 
Kings. Befides, I do only ihew what may be lawfully done, or ought 
to be done in this cafe, but do not exhort to attempt any fuch thing. 
For in the firft a due consideration of the cafe, and a clear Explanation 
thereof is furhcient : but in the laft there is need of good Counfel in un- 
dertaking, of Prudence in aflaulting, and courage in acting. Now feeing 
theft things are either promotedor overturned by the crrcumftances of Time, 
Perfon, Place, and other Inftrumenrs in carrying on the bulmefs .- if any 
(hall rafhly attempt this, the blame of his fault can be no more imputed 
to me, than his fault to a Phyfirian, who harh duely dtferibed the 
Remedies of Difeafes, but were given by another to the Patient unfea- 
fbnably. M. One thing feems yet to be wanting to put an end to this 
difpute : which if you fliall add, I fhall think 1 have received a very 
fingular kindnefs of you : the matter is this, let me underftand, if there 
be any Church Ccnfures againft. Tyrants ? B. You may take it when 
you pleafe out of the hi ft Epiftle of Paul to the Corinthians, where the 
Apoftle doth forbid to have any Fellowship either at Meat or difcourfe 
wkli openly lewd and flagitious men. If this were obferved amongft 

Chriftians 



The due Priviledge of the Scorch Government. 69 

Chriftians, fuch lewd Men, unlefs they did reprent, might perifih by 
hunger, cold, and nakcdnefs. M. A grievous fenrence indeed that is. 
But I do not know if a People, that allow fo much libertv every way 
fo their fy/ers, will believe that Kings fhould be- punifhed after this man- 
ner. B. Surely the Ancient Eeclefiallick Writers without Exceptions 
did thus underitand that Sentence of Paul. For Amlrojb did hold out of 
the Airembly of the Chriftians Theodofas the Emjprour, Tbeodojius obeyed 
the laid Bifhop: and for what I know, Antiquity doth more highly extol 
the deed of no other fo much, nor is the modefty of any other Empe- 
rour more commended. But to our purpofe, what difference is there be- 
twixt the Exclulion ou: of Chriftian feilowfhip, and the interdiction 
from Fire and Water ? this laft is a mod: grievous fentence imposed by 
Ry'ers againft fuch as refufe to obey their Commands : and the former 
is a Sentence of Church-men. Nov/ the punifhment or the contempt of 
both Authorities is death : but the Secular Judge denounceth the death 
of the Body, the Ecclefiaftick Judge denounceth the deftruction of the 
whole Man. Therefore the Church will not account him worthy of 
death, whom it doth expel out of the feilowfhip of Chriftians, while he 
is alive, and banifheth him into the feilowfhip of Devils, when dead. 
Thus according to the equity of the caufe I think. I have/poken abundant. 
ly,if therewith any Forraigners be defpleafed, I defire they would confider- 
how unjuftly they deal with us. For whilft there be many Nations both 
great and wealthy in Europe, hiving all their own peculiar Laws, they 
deal arrogantly who would prefcribeto all that Model and Form of Go- 
vernment which they themfelves enjoy. The Helvetians Government is 
a Common- wealth, Germany ufeth the name or Title of Empire, as a 
lawful Government. Some Cities in Germany, as I am f informed) are 
under the Rule of Princes, The Venetians have a Seniority tempered of 
thefe. Mufcovia hath a very Tyranny inftead of Government. We have 
indeed but a little Kingdom,but we have enjoy'd it thefe two thousand Years 
free of the Empire or forraign Nations. We did create at firft lawful 
Kings, v/e did impofe upon our felvcs and them equal and juft Laws, 
thelong continuance of time, doth fhew they were ufeful. For more 
by the oblervation thereof than by force of Arms , hath this Kingdom 
(food intire hitherto : Now what iniquity is this, that we fhould defire 
either to abrogate, or neglect the Laws, the good whereof we have 
found by experience for fo many Ages ? Or what impudence is that in 
others, that whereas they cannot fcarce defend their own Government, 
endeavour to weaken the flate and good order of another Kingdom ? 
What ? are not cur Laws and Statues ufeful not only to our (elves, but 

al/o 



jo 'The due Privilege of the Scotch Govwhmm. 

nlfo to ourNeighbours? For what can be more ufeful for keepingPeace with 
our iicared Neighbours, than the moderation of Kings ? for from immo- 
tierattfLultLii.ju!t Wars are for the moft parcrafhly undertaken, wicked- 
ly prefkuced and carried on, andfhamefully with much difgrace left of£ 
And furt her, what more hurtful can there be to any Common-w?akh, 
than bad Laws amongft their neareft Neighbours, whereof the contagi- 
on doth ulually fpread far and wide? And why do they thus trouble 
Us only, feeing io many Nations round about have their feveral Laws and 
Statutes of their own, and no Nation hath altogether the fame Laws and 
Statutes as others about them have.-'and why are they now offended at us, 
feeing we make no new Law, but continue to obferve what we had by 
an ancient Privilcdge? and feeing we are not the only Perfons, nor the 
firft Perfons, nor yet is it at this time that we make afeof our Laws. But 
our Laws are difpleafing to fbmc. Perhaps their own Laws dilpleafe 
them aifb. We do not curioufly enquire what the Laws of other Nati- 
ons are. Let them leave us our own well known by the Experience of Co 
many Years.Do we trouble their Councils? or in what bufinefs do we mo- 
led them ? But you are feditious,fay they.I could freely give them an An- 
swer? what is that to them ? we are tumultuous at our own peril, and at 
cur own damage. I might enumerate a great many feu it ions that are not hurt- 
ful either to Common wealths or Kingdoms.But 1 (hall not make ufe of that de. 
fence. I deny any Nation to be left leditious than we. I deny thai any Nation 
hath ever been more moderate in Seditions than we. Many contentions have fallen 
out for Laws.and right of Goverment, and adminiftration of the Kingdom yet the 
main bufinefs hath been ft ill kept fafe. Our contentions never were, as amongft 
many others,with thedeftrucuon of the Teople,nor with the hatred of ourPi jnces, 
but only out of love to our own Country, and defire to maintain our Laws How 
often in our time have great Armies flood in oppofition to one another ? how oft 
have they retired and withdrawn from oneanother, not only without wound, but 
without any harm,yea without fo much asa reproach ?How often hath the publick u- 
tility fetled theprivace grudges?how often hath the rumour of theEnemies approach 
extinguished our inteftine hatred and animofity ? In all our Sedit ons we have not 
been more modeft than fortunate ; feeing for the moft part the Party moft juft 
hatli been always moft fortunate : and even as we have moderately vented our 
hatred, fo have we to our profit and advantrge condc tended to an agreement. 
Thefe things at prefentdo occur, which might fcem tocompefce the Speeches of 
Malevolenls. refute fuchas are more pertinatious, and may latbfie Rich as are of a 
more temperate difpcfition.But bf whati ight otherNations are govern'dj thought ' 
it not much to our purpofe. I have bi iefly rehearfed our ow n w ay and cuftcm but 
vet more amply than 1 intended, o- than the matter did require: becaufe 1 under- 
took this pain- for you only. And if it be approved by you I have enough../ 1 /. As for 
me, you have abundantly fatisfied me : but if 1 can latifie others alfo, 1 fhall think 
J have received much good by yourdifcourfe and my felfeafed ofve;y much trou- 
ble. 

F I N J S. 



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